Intellectual Property Law

In Doors Rock Band Dispute, Ninth Circuit Finds Insurer Duty to Defend Against Trademark Claims

By Michael F. Kelleher

The One Sentence Summary: District court erred in dismissing an advertising injury insurance coverage and bad faith lawsuit involving members of the rock band, The Doors, and claims of trademark infringement.

Ninth Circuit Holdings:

• Dismissal of plaintiff's complaint for insurance coverage for advertising injury and bodily injury was improper. A duty to defend existed due to a potential of coverage for claims alleging sale of trademarked merchandise and infliction of emotional distress. The "field of entertainment" exclusion relied upon by the defendant insurance company did not exclude all potential for coverage.
• The trial court should have allowed plaintiff an opportunity to amend his complaint.

Full post as published by IP Law Observer on April 02, 2008 (boomark / email).