Insured To 6th Circuit: Intellectual Property Exclusion Does Not Bar Trade Dress Claims

Mealey's (June 7, 2016, 2:55 PM EDT) -- CINCINNATI — An intellectual property exclusion does not bar underlying disparagement and trade dress claims, an insured argues in a May 2 brief to the Sixth Circuit U.S. Court of Appeals (S. Bertram, Inc. v. Citizens Insurance Company of America, No. 15-2552, 6th Cir.).

(Appellants reply brief available. Document #50-160609-023B.)

Eden Foods Inc. sued S. Bertram Inc. in the U.S. District Court for the Eastern District of Michigan, alleging that the word “Eden” and “a distinctive ‘Fern design’” are trademarks for its food products. Eden alleged...
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