Thursday, September 04, 2003
On whether trademark is "advertising idea" or "style of doing business" under in coverage dispute
In State Auto Property & Casualty Ins. Co. v. Travelers Indemnity Co. of America, the Fourth Circuit in an opinion by Judge King, joined by Judges Wilkinson and Niemeyer, reversed the trial court's conclusion on the coverage question of whether the underlying claims related to misappropriation of the "NISSAN" trademark could be considered claims based on an advertising idea or style of doing business as defined in the liability policy. The appeals court concluded there was a duty to defend.