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No Trade Dress Infringement Alleged In Counterclaim; No Coverage, Panel Affirms

Mealey's (July 27, 2015, 9:44 AM EDT) -- NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on June 29 found that allegations in an underlying amended counterclaim against a test-preparation provider insured do not potentially include a trade dress infringement claim, affirming a lower federal court’s ruling in favor of the insurer in an advertising injury coverage dispute (Test Masters Educational System Inc. v. State Farm Lloyds, No. 14-20473, 5th Cir.; 2015 U.S. App. LEXIS 11148).

(Opinion available. Document #13-150702-014Z.)

Test Masters Educational Services Inc. (TES) offers test-preparation services for standardized exams,...
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