As the Trademark Blog reports , American Guarantee & Liability Insurance Co. is balking at the prospect of paying any part of the $305M judgment Adidas America, Inc., obtained against Payless Shoesource, Inc., earlier this year. The insurer filed suit on July 24 in the District of Kansas for a declaration that it is not liable under any of its policies.
Here’s a sampling of the reasons why the insurer says it need not pay Payless’ claim:
“The jury’s verdict in favor of adidas in the Underlying Lawsuit is not for damages for ‘advertising injury’ or ‘personal advertising injury under any of the American Guarantee Excess Policies as defined in the relevant policy provisions.”
“None of the damages awarded by the jury are damages caused by advertising, Advertising Injury or Personal Advertising Injury; thus the awarded damages do not have the necessary causal connection to be covered under the policies.”
“The jury...
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Fleet Feet Atlanta, Named Atlanta’s Best Running Store
PitchEngine (press release) - Riverton,WY,USA
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Payless ShoeSource Invites Local Non-Profit Organizations Across ...
Earthtimes (press release) - London,UK
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“In workplaces as diverse as a Payless ShoeSource in Andover, NH, to Tyson Foods’ largest plant in Emporia, KS, American workers joined their international counterparts Monday in commemorating the 10 millionth “Bring Yourself To Work Day” with brief, mandatory celebrations.” w/ photos... more
Google Inc. states its policy for dealing with trademarks in its AdWords search engine ads here and here . Among other things, Google explains how trademark owners can stop unauthorized advertisers from using their trademarks in Google ads and keywords, how trademark owners can complain about the unauthorized use of their marks, and how they can approve of advertisers’ trademark use. ... more
Bellevue clothing designer Derek Andrew, Inc., won a copyright and trademark infringement bench trial in the Western District of Washington against defendant New York clothing designer Poof Apparel Corp. Western District Magistrate Judge James Donohue entered his findings of fact and conclusions of law on December 22. The Western District entered a default judgment against Poof in June, which the court refused to set aside. The trial, therefore, was limited to damages and equitable relief... more
As discussed yesterday , the Western District of Washington disposed of fifty-one trademark cases in 2007. These consist of cases that PACER identified as being “trademark” matters that parties filed in 2005, 2006, and 2007, and that were listed as being closed in 2007. Here’s how they went down: 34 were voluntarily dismissed (presumably most often because the parties settled). 11 ended with a stipulated permanent injunction. 6 ended with a default judgment agai... more
Continuing my similar analysis from last year (see posts here and here ), I’ve looked at cases that were opened and cases that were closed in the Western District of Washington in 2007. To get a more accurate picture of 2007 activity, I analyzed cases filed from 2005 to 2007 that the federal courts’ PACER database flagged as involving primarily “trademark” issues. The statistics are interesting. Thirty-eight trademark cases were filed in the Western Distr... more
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