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CGS INDUSTRIES V. CHARTER OAK FIRE - COVERAGE FOR INFRINGEMENT OF BOTH TITLE AND SLOGAN AS EXCEPTIONS TO TRADEMARK INFRINGEMENT EXCLUSION
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CGS Industries, Inc. v. Charter Oak Fire Ins. Co., ___ F. Supp. 2d ___, No. 10-CV-3186, 2010 WL 4720320, at *5 (E.D.N.Y., November 16, 2010)
Distinguished Hugo Boss Fashions, Inc. v. Federal Ins. Co., 252 F.3d 608, 616 (2d Cir. 2001) which construed the legal phrase "trademarked slogan" to include "words or phrases used to promote particular products or product lines" not "[h]ere, by contrast, the relevant policy language is ‘infringement of ... title, or slogan.' . . . The marks include symbols and styles that, according to the Five Four Complaint, help ‘embody the spirit of modem culture.' "
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