Affirming the district court on different and narrower grounds, the Seventh Circuit parted company with that by agreeing that no exclusions relied upon by the district court barred a defense.

After a three-day trial, Gauntlett & Associates obtained judgment against Continental Casualty Company, a CNA company, in the aggregate sum of $2,152,587.60 in principal and prejudgment interest- the entire amount sought - against an insurer that had refused to settle a copyright infringement/trade secrets infringement case against its insureds

The court presumed that the only basis for liability was trade dress infringement.

The appellate court affirmed a judgment that St. Paul owed $1.3 million to defend companies sued in Ohio for alleged infringement of a competitor's slogans used on packages of Christmas lights ("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.").

Reconsideration Denied Where Broad Range of Slogans Found Implicated Even Though Nested Within Trade Dress Counts Otherwise Excluded

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!"

Trade secret misappropriation insurance coverage.