Marketers of "Celebrity Diet" Found Judicially Estopped from Insurance Coverage for Trade Dress Infringement Claim

more+
less-

The Ninth Circuit, in United National Ins. Co. v. Spectrum Worldwide, Inc., No. 07-55833, 2009 U.S. App. LEXIS 1827 (9th Cir. February 2, 2009), recently sent a reminder to policyholders that defenses raised in the underlying action may not only affect coverage, but may also leave individual insureds liable for reimbursement to the carrier. In Spectrum, the Ninth Circuit held that a marketer was judicially estopped from obtaining advertising insurance coverage for trade dress infringement claims. The Ninth Circuit determined that the marketer made arguments in the underlying trade dress litigation that precluded insurance coverage for the defense of the trade dress claim.

Please see full newsletter for more information.

LOADING PDF: If there are any problems, click here to download the file.

Published In: Civil Remedies Updates, General Business Updates, Insurance Updates, Intellectual Property Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Manatt, Phelps & Phillips, LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »