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


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.

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

Written by:


Manatt, Phelps & Phillips, LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.