Tom Kelley Studios, Inc. v. State Farm Gen. Ins. Co., 462 F. App'x 740 (9th Cir. 2011)

Conceding that the Nova Complaint alleged trademark and trade dress infringement within California's advertising injury offense of "misappropriation of advertising ideas" or "style of doing business" under Kelly's policy. Such an offense occurred in the course of an insured's advertising because, "Adler Fels's (Adler) advertisements, such as its website featuring the allegedly infringing wine label, constituted a course of advertising for Kelley's goods, products or services because the advertisements highlighted the unique collectible value of Kelley's photos on Adler's wine bottles." Id. at 741. The court also observed that, "Adler's wine advertisements highlighting Kelley's photos caused Nova's trademark and trade dress injuries. See Hyundai Motor Am. v. Nat'l Union Fire Ins. Co. of Pittsburgh, Pa., 600 F.3d 1092, 1103 (9th Cir.2010)." Id. at 742.