Michael Atkins - Seattle Trademark Lawyer

Recommend Ninth Circuit Upholds Insurance Exclusion for Misleading Domain Name (Email)

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I’m not much of an insurance guy, but these cases don’t come along too often, so they’re interesting when they do: courts interpreting insurance policies as they relate to coverage for trademark infringement.

The underlying dispute arose out of a trademark infringement complaint that AcademyOne, Inc., filed against CollegeSource, Inc. AcademyOne claimed that CollegeSource had registered AcademyOne’s trademark as its domain name, which was likely to divert AcademyOne’s customers to CollegeSource’s Web site.

CollegeSource tendered a claim to its insurer, Travelers Indemnity. When Travelers denied the claim, CollegeSource sued for breach of contract.

Travelers moved for judgment on the pleadings, and the Southern District of California granted the motion.

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Copyright © 2006-2021, Michael G. Atkins. All rights reserved. I'm a partner and Seattle intellectual property attorney at Atkins Intellectual Property, PLLC, where I focus my practice on issues involving the Lanham Act, including trademark infringement, unfair competition, trade dress infringement, trademark dilution, false designation of origin, counterfeiting, cybersquatting, trademark licensing, trademark applications, trademark registrations, the U.S. Patent and Trademark Office (PTO), and the U.S. Trademark Trial and Appeal Board (TTAB). Thanks for checking out my blog. Please visit again soon!