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Use of Trademark Phrase Not Slogan Infringement

Affirming in a magistrate district, the magistrate court's order, 773 F. Supp. 2d 799 on narrower grounds, the court parted company with the scope of coverage for infringement of a title more broadly defining it as agreeing that it could be Nature's Own if used as a title of the claimant's bread wrappers but finding that there was no evidence to clarify that that's the manner in which they were used because, "[t]he mere appearance of the trademarked phrase on the packaging does not allow us to assume that it is being used as the ‘heading' or ‘distinctive designation' of the wrapper. See Merriam-Webster's at 184, 823." Id. at 545. 

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CHOICE OF LAW

Choice of Law Admission of Extrinsic Evidence Insurer Allocation Pre-Tender FeesStatute of Limitations
Most significant relationship testFacts known, knowable or available to insurerIf some claims are potentially covered, must defend entire suitNot Addressed5 years
Egnatic v. Nguyen, 113 S.W.3d 659, 665 (Mo. Ct. App. 2003)Standard Artificial Limb, Inc. v. Allianz Ins. Co., 895 S.W.2d 205, 209 (Mo. Ct. App. 1995)Harold S. Schwartz & Assocs., Inc. v. Continental Cas. Co., 705 S.W.2d 494, 497 (Mo. Ct. App. 1985) (Mo. Rev. Stat. § 516.120)
Pre-Judgment Interest Late Notice Public Policy Bar Independent CounselAtty's Fees/Decl. Relief Action
9%Notice-prejudiceBar to indemnity and defenseMay choose own counselRecoverable to arrive at “equity and justice”
(Mo. Rev. Stat. § 408.020)Interstate Cleaning Corp. v. Commercial Underwriters Ins. Co., 325 F.3d 1024, 1029 (8th Cir. 2003)State Farm Fire & Cas. Co. v. Caley, 936 S.W.2d 250, 253 (Mo. Ct. App. 1997)Howard v. Russell Stover Candies, Inc., 649 F.2d 620, 625 (8th Cir. 1981)
Truck Ins. Exch. v. Prairie Framing, LLC, 162 S.W.3d 64 (Mo. Ct. App. 2005)		American Econ. Ins. Co. v. Ledbetter, 903 S.W.2d 272, 276 (Mo. Ct. App. 1995)