Insurer’s Right to Terminate its Defense Duty is Limited

In ProDriver Leasing Sys. v. Cincinnati Indem. Co., No. 16-CV-995-JPS, 2017 U.S. Dist. LEXIS 161529 (E.D. Wis. Sep. 29, 2017), Cincinnati Insurance Company sought to stop defending its insured. It claimed that facts came to light during its defense of a trademark infringement lawsuit through “independent counsel” it selected under Wisconsin law that eliminated its…

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…

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…