Hinshaw & Culbertson LLP partner James Castle recently enhanced and updated the chapter on Media Liability Insurance for LexisNexis' California Insurance Law & Practice. Cases discussed include:
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S.B.C.C., Inc. v. St. Paul Fire & Marine Ins. Co., that an expanded exclusion in a current CGL form bars claims not only for misappropriation of trade secrets (intellectual property) but also for any other injury alleged in the same suit.
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Hartford Cas. Ins. Co. v. Swift Distribution, Inc., and Street Surfing, LLC v. Great Am. E&S Ins. Co. on different aspects of the extent of the insurer's duty to defend.
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Pryor v. Warner/Chappell Music, Inc. as to what a plaintiff seeking to establish a claim for copyright infringement must prove.
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Range Road Music, Inc. v. East Coast Food, Inc., on the "substantial similarity" doctrine in copyright infringement jurisprudence.
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Welenco, Inc. v. Corbell, on vaicarious liability in copyright infringement.
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Inter123 Corp. v. Ghaith is cited as an example as to the eight factors courts have considered when analyzing the likelihood of "confusion" in trademark infringement jurisprudence.
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Burrill v. Nair on the elements of a claim for defamation.
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Opperman v. Path, Inc. on the necessary elements of a claim for public disclosure of private facts.
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Perkins v. LinkedIn Corp. and In re Google, Inc. Privacy Policy Litigation on the tort of the unconsented appropriation of another's name and likeness.
