Our weekly SoCal IP Institute meeting on Monday, November 17, 2014 will be a discussion of a recent 9th Circuit case regarding insurance coverage of IP cases and an unusual TTAB holding. Brief synopses appear below.
Street Surfing, LLC v. Great American E&S Ins., Case No. 12-55351 (9th Cir. 11/14/14 (available here): In an Amended Opinion, the 9th Circuit sitting in Pasadena held that an exclusion in the insurance policies relieved Great American of any duty to defend its insured in the underlying action alleging trademark infringement, unfair competition and unfair business practices under federal and California law. The policy disclaimed coverage for “‘[p]ersonal and advertising injury’ arising out of oral or written publication of material whose first publication took place before the beginning of the policy period.”
In re Blue Buffalo Co., Serial No. 85935706 (available here): Here, the Examining Attorney refused registration of Applicant’s mark based on a likelihood of confusion, under Section 2(d) of the Trademark Act, 15 U.S.C. §1052(d), in view of the registered mark HOLIDAY FEAST for “pet food”.
All are invited to join us in our discussion during the SoCal IP Institute meeting on Monday, November 17, 2014 at Noon in our Westlake Village office. This activity is approved for 1 hour of MCLE credit. If you will be joining us, please RSVP to Noelle Smith by 9 am Monday morning.