California Supreme Court Review of Insurance Case on Implied Disparagement Presents Opportunities for Coverage in Intellectual Property Litigation

In 2012 two published decisions from the California Court of Appeals and one unpublished decision from the Ninth Circuit shed new light on the contours of implicit disparagement coverage under California law. The first such Court of Appeals decision, Charlotte Russe, clarified and reasserted the broad scope of implied disparagement coverage, a position the second…

Buried Treasure – Part Three

DO “BURIED TREASURES” EXIST?  Part Three of a Three Part Series Ascertaining Whether Buried Treasure Exists Requires a Five-Part Analysis These issues include: 1.       Did the company give notice to the insurers on risk as of the date of the first alleged “wrongful act” as well as all subsequent carriers and those at higher levels…

Buried Treasure – Part Two

WHY LOOK FOR “BURIED TREASURE”? Part Two of a Three Part Series Intellectual Property Lawsuits Are Expensive It is not uncommon, pursuant to AIPLA surveys for companies to expend $500,000 to $1,000,000 for defense of trademark and copyright infringement lawsuits.  More than five times that sum may be expended for patent infringement lawsuits.  Where insurer…

“Buried Treasure” – Part One

“BURIED TREASURE” – SECURING REIMBURSEMENT FOR MONIES EXPENDED IN PAST INTELLECTUAL PROPERTY LAWSUITS  Part One of a Three-Part Series Introduction Companies looking for extra money in these tough economic times may have an answer from the past.  The vast majority of insurer denial letters for intellectual property lawsuits lack merit.  Therefore, companies who have litigated…

Sherman Antitrust Action Did Not Fall Within “Advertising Injur” Coverage for “Use of Another’s Advertising Idea In Your ‘Advertisement'”

Rose Acre Farms, Inc. v. Columbia Cas. Co., No. 4:09-cv-00135-SEB-WGH, 2011 WL 693601 (S.D. Ind. Feb. 18, 2011) Allegations that Rose Acre “marketed” its shell egg products which did not specifically reference Rose Acre’s advertisement of its eggs as properly priced in light of animal husbandry concerns in accordance with a United Egg Products (“UEP”)…