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…

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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…

Coverage for Implicit Disparagement Is Not Limited to Claims “Of and Concerning” the Claimant

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…

“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…

Media Liability Did Not Cover Claims For Infringement of Title or Slogan in Unfair Competition Lawsuit Under Media Liability Policy

Interstate Bakeries Corp. v. OneBeacon Ins. Co., ___ F. Supp. 2d ___, 2011 WL 767055 (W.D. Mo. Feb. 25, 2011) The OneBeacon policy provides “advertising and personal injury liability” coverage for “claims arising from an occurrence committed by the insured during the policy term in or for scheduled advertising and arising from: . . .…