Trade Dress Claim Triggered Insurer’s Duty To Defend Garment Merchant, Judge Says

(June 27, 2016, 9:31 AM EDT) -- LOS ANGELES — A California federal judge on June 20 held that a commercial general liability insurer has a duty to defend its garment merchant insured against an underlying lawsuit because the insured was potentially liable for alleged damages arising from trade dress infringement in one of its advertisements (Great Lakes Reinsurance UK PLC v. In and Out Fashion Inc., No. 15-05889, C.D. Calif.; 2016 U.S. Dist. LEXIS 80656).

(Opinion available. Document #13-160707-026Z.)

Intellectual Property

On Sept. 9, 2014, Forever 21 Inc. sued In and Out...
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