Implicit Disparagement Claim Ruling In Trade Dress Infringement Lawsuit Clarifies That Purported Conflict In California Law May Be Less Than Meets The Eye
In Michael Taylor Designs, Inc. v. Travelers Prop. Cas. Co. of Am., 761 F. Supp. 2d 904 (N.D. Cal. 2011), the district court determined that potential coverage arose in a trade dress infringement lawsuit where customers were steered to allegedly inferior, synthetic furniture products in a purported “bait and switch” scheme evidencing implicit disparagement. In…