Santa's Best Craft, LLC v. St. Paul Fire & Marine Insurance Company, No. 04 C 1342, 2008 WL 4328192 (N.D. Ill. Sept. 16, 2008)
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.