On March 6, 2018, U.S. District Court Judge Michael Fitzgerald issued an order granting the motion of our client to stay an insurer’s declaratory relief and rescission action until the underlying lawsuit between the insured and the claimant is resolved. As reflected in the order, a copy of which is available here, the Court rejected…
In ProDriver Leasing Sys. v. Cincinnati Indem. Co., No. 16-CV-995-JPS, 2017 U.S. Dist. LEXIS 161529 (E.D. Wis. Sep. 29, 2017), Cincinnati Insurance Company sought to stop defending its insured. It claimed that facts came to light during its defense of a trademark infringement lawsuit through “independent counsel” it selected under Wisconsin law that eliminated its…
Finding the “prior publication” exclusion precluded a defense for trademark infringement and related common-law and statutory violations brought by the Navajo Nation in a suit filed in federal court in Pennsylvania by Hanover Ins. Co. v. Urban Outfitters, Inc., No. 14-3705, 2015 U.S. App. LEXIS 18459 (3d Cir. Oct. 23, 2015), the court noted that…
Insurers on occasion seek to join the claimant who is not a party to the coverage suit as a “third party defendant.” The only role of the claimant in a coverage action pertains to its interest in indemnity against insurance proceeds of the defendant/counter-defendant insured. That interest does not suffice to justify its addition as…
In Adobe Sys. v. Cardinal Camera & Video Ctr., No. 15-cv-02991-JST, 2015 U.S. Dist. LEXIS 137153 (N.D. Cal. Oct. 7, 2015), Adobe alleged that Cardinal used both its own website (www.cardinalcamera.com) and its Amazon.com merchant account to sell unauthorized version of Adobe Software, thereby infringing Adobe’s underlying trademarks and copyrights. Specific jurisdiction was asserted which…
In a recent case IP defense counsel determined that no potential coverage could arise for claims of “implicit disparagement.” Defense counsel found no potential coverage arose despite trademark dilution claims alleged injury to reputation flowing from alleged “tarnishment” activity, leading potential consumers to think less of the leading brand’s products. Defense counsel did not consider…
In denying National Union Fire Insurance Co. of Pittsburgh, PA’s Motion to Dismiss, the court in Market Lofts Community Assn. v. National Union Fire Ins. Co. of Pittsburgh, PA, No.: CV15-03093-RGK(MANx), 2015 U.S. Dist. LEXIS 100691 (C.D. Cal. July 30, 2015) granted Plaintiff, Market Lofts Community Association’s (“the Association”) Motion for Partial Summary Judgment, finding it was entitled…
Unjust Enrichment Claims Based on “Use of Another’s Advertising Idea” Were Not used in Insured’s ‘Advertisement’ ” In Maryland Cas. Co. v. Blackstone Int’l Ltd., No. 51, September Term, 2014, 2015 Md. LEXIS 286 (Md. Apr. 21, 2015), the Maryland Court of Appeals failed to address the salient policy language concluding that no potential coverage arose for “unjust…
On April 1, 2015 Judge James V. Selna of the United States District Court, Central District of California, Southern Division, entered an order on behalf of Defendant, Armano Luxury Alloys, Inc. (“Armano”) granting its motion for attorneys’ fees and costs pursuant to both 35 U.S.C. § 285 and 15 U.S.C. § 1117, awarding attorneys fees…
Gauntlett & Associates Launches a NEW WEBSITE as it Celebrates 20 YEARS on April 1st! 20 YEARS OF SUCCESS! Founded on April 1, 1995, the firm to date has secured judgments and settlements exceeding $200 million dollars on behalf of a range of corporate clients including over 20% of the Fortune 1000 and 10% of…
Shockingly, New York to date had not definitely addressed whether an insurer, which did not reserve its right to recoup fees expended in defending, settling, or indemnifying an insured, could do so where it established no potential coverage. In General Star Indem. Co. v. Driven Sports, Inc., No 14-CV-3579 (JFB)(ARL), 2015 U.S. Dist. LEXIS 7966…
Judge Gary Allen Feess of the Central District in Los Angeles agreed with plaintiffs in Am. Inst. of Intradermal Cosmetics, Inc. v. Soc’y of Permanent Cosmetic Professionals, No. CV 12-06887 GAF (JCx), 2014 U.S. Dist. LEXIS 160395 (C.D. Cal. Nov. 14, 2014), and permitted filing of a Third Amended Complaint in an antitrust lawsuit. The…
Ninth Circuit Affirms Broad Scope Of “In Your ‘Advertisement’” Element Of Offense (f) In Enforcing “First Publication” Exclusion Street Surfing, LLC v. Great Am. E&S Ins. Co., 752 F.3d 853 (9th Cir. 2014) was published June 10, 2014. That Order was amended on November 14, 2014, after the Panel solicited Opposition to the Petition for Rehearing…
David Gauntlett of Gauntlett & Associates was recently mentioned in Law360 Q&A for his expertise in coverage law. Leslie Thorne of Haynes & Boone was interviewed for a news and analysis article on insurance-related litigation. Haynes & Boone is a business, real estate, construction and insurance coverage litigation law firm. Ms. Thorne was asked “Outside…
The Northern District of California sided with California Court of Appeals case Charlotte Russe over conflicting appellate cases Total Call and Swift, finding potential coverage without requirement that the disparaging statement specifically refer to the goods, products, or services of the claimant. Recently, the Northern District of California weighed in on the divergent opinions of the…
Gauntlett on IP Insurance 
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