Insurer’s Rescission Action Must Wait Pending Trial Of Underlying Lawsuit

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…

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Case Transferred for Lack of Personal Jurisdiction

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…

Advising a Client To Not Request a Defense From Its Insurers Is Fraught With Peril

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…

Court Chastises Claimant for Subterfuge in Pleadings

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…

Maryland’s High Court Ignores Policy Language

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…

Gauntlett & Associates Obtains Full Award of Attorneys’ Fees and Costs Incurred Against Claimant

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…

20 Years of Success!!

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…