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Judge Enters Default Judgment In Coverage Suit Over Steelers' Trademark Dispute

PITTSBURGH - A Pennsylvania federal judge on March 23 entered a default judgment against insureds in their insurer's declaratory judgment lawsuit challenging coverage for the Pittsburgh Steelers' underlying claims that the insureds infringed the "Terrible Towel" trademark with their...

Judge: Excess Insurers Have No Duty To Defend Bratz Dolls Trademark Dispute

SANTA ANA, Calif. - Because it has been previously determined that MGA Entertainment's primary insurers have a duty to defend an underlying Bratz Dolls trademark dispute, the excess insurance policies are not implicated, a California federal judge ruled April 12, further finding that the bad faith...

Panel Reverses Ruling That Insurer Has No Duty To Defend Claims Against Rock Band

LOS ANGELES - A California appeals panel on May 8 reversed a lower court's ruling that an insurer has no duty to defend the rock band Tool against an underlying lawsuit alleging copyright infringement and defamation ( Tool Touring Inc., et al. v. The American Insurance Company, No. B230136, Calif...

7th Circuit Affirms Trade Dress Claim Was Not Primary Focus Of $3.5M Settlement

CHICAGO - The Seventh Circuit U.S. Court of Appeals on May 23 held that a trade dress claim was not the primary focus of an underlying $3.5 million settlement, affirming a lower court's finding that an insured is not entitled to an award for settlement reimbursement and prejudgment interest from...

Exclusions Bar Coverage Of Insured's Alleged Conduct, Michigan Panel Affirms

DETROIT - A Michigan appeals panel on June 19 affirmed a lower court's finding that exclusions in a professional liability insurance policy preclude coverage for underlying allegations that an insured hacked into a company's customer list and directly solicited customers ( Coral Reef Productions...

Judge: Insureds Fail To Show A Stay Of Advertising Injury Dispute Is Appropriate

DENVER - Insureds have failed to establish that a stay of an advertising injury coverage lawsuit pending the 10th Circuit U.S. Court of Appeals' resolution of their mandamus petition is appropriate, a Colorado federal judge ruled July 12, denying the motion ( Dish Network Corporation, et al. v. Arch...

Insurer Has No Duty To Defend Trademark Infringement Suit, Majority Affirms

KANSAS CITY, Mo. - A majority of the Eighth Circuit U.S. Court of Appeals on July 24 affirmed that an insurer has no duty to defend its insured against an underlying complaint because the complaint did not allege facts that would indicate that the trademarked phrase "Nature's Own" has the...

Judge Dismisses Coverage Action Stemming From Marilyn Monroe Image Dispute

LOS ANGELES - A California federal judge on Aug. 16 dismissed an insured's lawsuit seeking coverage for underlying advertising injury claims over images of Marilyn Monroe after the parties reached a settlement agreement (Tom Kelley Studios, Inc. v. State Farm General Insurance Company, et al., No...

6th Circuit Affirms $6.8M Ruling Against Insurer In Data Breach Coverage Suit

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Aug. 23 affirmed a lower federal court's $6.8 million final judgment against an insurer in a lawsuit seeking computer fraud coverage for losses arising from a data breach ( Retail Ventures Inc., et al. v. National Union Fire Insurance Company...

4th Circuit Affirms: No Insurance Coverage For Patent Case

RICHMOND, Va. - A West Virginia federal judge did not err in finding that insurers properly denied coverage for an underlying patent infringement lawsuit, the Fourth Circuit U.S. Court of Appeals ruled Oct. 23 (Wilson Works Inc. v. Great American Insurance Group, et al., No. 12-1487, 4th Cir.). Subscribers...

Exclusion Requires Causal Connection That Is Lacking, 11th Circuit Finds, Reverses

ATLANTA - A federal court erred in finding that underlying claims for copyright infringement and violation of the Digital Millennium Copyright Act (DMCA) were excluded from coverage under an unauthorized use policy exclusion, the 11th Circuit U.S. Court of Appeals ruled Feb. 7, reversing and remanding...

9th Circuit: No Coverage For Trademark Infringement Claims Involving Domain Name

PASADENA, Calif. - Coverage for underlying claims that an insured infringed upon a claimant's trademark rights through its use of a website domain name is barred by an insurance policy's exclusion for "Unauthorized Use Of Name Or Product," the Ninth Circuit U.S. Court of Appeals affirmed...

Judge: Evidence Does Not Eliminate Potential For Coverage Of 'Bratz' Dolls Suit

NEW YORK - A New York federal judge on July 9 found that the extrinsic evidence does not conclusively eliminate the potential for excess insurance coverage for an underlying copyright infringement lawsuit related to the insured's sale and distribution of "Bratz" dolls and associated merchandise...

Judge Stays Coverage Dispute Over Reese Witherspoon's Intellectual Property Suit

LOS ANGELES - A California federal judge on Jan. 22 stayed an insurer's declaratory judgment lawsuit disputing coverage for underlying claims that the insured used actress Reese Witherspoon's name and image without her permission for the sale of jewelry products (Maryland Casualty Co. v. Reese...