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…

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…

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…