Weight Loss Product False Advertising Claim Removed to Federal Court
/Class action by California purchasers alleging false advertising about Akävar
Read MoreMylan's Misappropriation Did Not Include Advertising Idea Misuse
/West Virginia, rather than Pennsylvania law, was applicable because that was where the alleged conduct generating purported violations of anti-trust law emanated from due to the scheme to monopolize the supply of ingredients for Lorazepam and Clorazetate pharmaceutical products.
Read MoreNo Harm, No Foul for Attorney Late Notice
/Legal malpractice case alleging malpractice for failure to tender trademark infringement claim under commercial general liability policy created no damage remedy.
Read MoreUse of 800 Number for Business Method Patent Claims Covered
/(Consultant) Business method patent claims discussing 800 number patents may trigger insurance coverage where alleged conduct may include misappropriation of advertising activities where defined as the wrongful taking of an advertising technique as evidenced by the subject matter of the Katz patents related to 800 number technology.
Read MoreHartford's Denial of Defense Improper
/antitrust/unfair competition; trademark infringement insurance coverage
Read MoreNo Legal Malpractice for Late Notice
/(Expert) Render opinion on whether failure to tender copyright infringement claim to CGL insurers of client was legal malpractice under California law.
Read MoreWillful Conduct Precluded Defense Benefits
/(Consultant) The court found that California Insurance Code § 533 precluded coverage for the insureds intentional and purposeful design to steal creditor's intellectual property and drive its products off the shelf.
Read MoreCallahan and Blaine Pursued Frivolous Appeal Requiring Sanctions
/Court awarded full amount of fees incurred on appeal as sanctions for pursuit of frivolous appeal.
Read MorePatent Suit Defense Required Given Underwriter Misrepresentation
/The court found that a case settled after expert testimony that clarified that a patent infringement case would fall within coverage under a 1981 ISO.
Read MoreCovered Slogans for Christmas Lights Include New Technology
/The court found four distinct slogans, including the two referenced above. These included: "Patent-pending ‘Stay-On' feature keeps bulbs lit" and "String Stays Lit even if a bulb is loose or missing!"
Read MoreBlended Rates and Prejudgment Interest Recoverable
/Denying OneBeacon's request for a continuance under Fed. R. Civ. P. 56(f), the court found that an endorsement which only required assertion against the insured of a copyright infringement action triggered a defense.
Read MoreCuban Highway, Not a Freeway, Triggers Life Insurance
/The court, finding life insurance benefits due to the Estate of Dr. Gary Parker, who died while on a trip to Cuba on the central highway, found the insurer improperly denied policy benefits.
Read MoreMalicious Prosecution Does Not Encompass Abuse of Process
/"HCS's argument, that the term ‘malicious prosecution' as used in the Policy encompasses claims for ‘abuse of process,' is supported by a scholarly opinion of the Delaware Superior Court . . ."
Read MoreEnvironmental Pollution Late Notice No Problem Under Connecticut Law
/(Environmental/Property Damage) (Gauntlett & Associates resolved environmental pollution insurance coverage case, involving multiple jurisdictions' insurance laws, on terms favorable to insured.)
Read MoreAdvertising Requires Widespread Promotional Activities
/Limited scope of opinion by persuading Court to add the term "usually" to the definition of "advertising."
Read MoreWearable Light Slogan in LED Flashlight Dispute
/The court found the slogan "The Wearable Light" fell within the policy's coverage for "infringement of slogan."
Read MoreUMG Gray Market CD Claims Defeated
/Copyright infringement suit brought by world's largest record company against regional distributor claiming sale of gray-market CDs
Read MoreInternational Coverage for U.S. Lawsuit Triggered by Foreign Damages
/The court reaffirmed its finding that in an international policy, territory was defined as "worldwide for claim or suit resulting for an occurrence outside the United States of America."
Read MoreCal Supreme Court Decision Did Not Alter Hewlett-Packard Win
/(Order filed Nov. 23, 2003). In the first post-Hameid case to address the meaning of "advertising," the court again denied ACE's Motion for Reconsideration.
Read MorePost-Lawsuit Inception Conduct Potentially Covered
/"Because we cannot come as law, foreclose the possibility that count 7 of the Shelby complaint, in the entire Ford complaint [which were added to the Mass. Litigation after Superformance secured the insurance policy] allege some conduct occurring during the policy period, we agree that coverage for these counts cannot categorically be borne by invocation of the policy period, . . . "
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