Street Surfing, LLC v. Great Am. E&S Ins. Co., No. 12-55351, 2014 U.S. App. LEXIS 21804 (9th Cir. (Cal.) Nov. 14, 2014)
The court independently analyzed and confirmed that the term “Street Surfer” was an “advertising idea.” Critically, the court found that the “in your ‘advertisement’” element could be satisfied while the advertiser was not the insured but a retailer who promoted the product by simply displaying it in a retail store.