Wednesday, June 11, 2003
Fourth Circuit affirms summary judgment for liability insurer that denied coverage for trademark infringement
In Superformance International, Inc. v. Hartford Cas. Ins. Co., the Fourth Circuit in an opinion by Judge Niemeyer joined by Judges Widener and Wilkinson upheld summary judgment for a liability insurer on its refusal to provide coverage for trademark infringement claims against its insured, applying Virginia law, where the policy excluded "injury arising out of infringement of 'trademark, trade name, service mark or other designation of origin or authenticity' and the Court concluded that all of the claims "are varieties of trademark claims protected by the Lanham Act and State analogues."