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In 2012 two published decisions from the California Court of Appeals and one unpublished decision from the Ninth Circuit shed new light on the contours of implicit disparagement coverage under California law.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…

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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”)…