Reconsideration Denied Where Broad Range of Slogans Found Implicated Even Though Nested Within Trade Dress Counts Otherwise Excluded
Defendant is incorrect that JLJ has never alleged ownership or exclusive rights to the slogans at issue ("Patent Pending ‘Stay-On' feature keeps bulbs lit"; "New Technology"; "String Stays Lit even if a bulb is loose or missing!"; and "worry-free lighting"). The original JLJ complaint makes specific reference to "copying" by Santa's Best and alleges that Santa's Best "deliberately copied" their slogans. . . . The allegations regarding the slogans, however, are also sufficient to trigger the defense obligation for an "advertising injury" offense" caused by the "[u]nauthorized use of any advertising idea or advertising material, or any slogan or title, of others in your advertising."
. . . . Construing all facts in favor of plaintiffs, the court finds that the JLJ could have prevailed on a claim for unauthorized use of its slogans separate and apart from its trade dress claims. Defendant's motion for reconsideration is denied.
Id. at *5.