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· 4/18/2002

R.C. Bigelow, Inc. v. Liberty Mutual Insurance Company

Citations

  • 287 F.3d 242
  • 62 U.S.P.Q. 2d (BNA) 1529
  • 2002 U.S. App. LEXIS 7138
  • 2002 WL 597305

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that use of allegedly infringing trade dress in advertisements qualified under enumerated offense of “[c]opying a person’s or organization’s advertising ideas or advertising style”
  • advertising that displays infringing packaging could contribute to the injury where the packaging causes consumer confusion
  • noting that, under Connecticut law, “[t]he duty to defend does not hinge on the skill or manner in which a complaint is drafted, but rests on the substantive thrust of the complaint, and the surrounding facts”
  • advertising injury clause implicated when competitor’s underlying complaint alleged that insured had marketed herbal teas in new packaging with trade dress confusingly similar to that of competitor’s 14 boxes
  • holding false advertising claim excluded by similar language
  • discussing the requirement that advertising contribute to the trademark or trade dress infringement

Source: CourtListener parenthetical corpus (CC0).

Judges: Walker, Newman, Kearse

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.