In Doors Rock Band Dispute, Ninth Circuit Finds Insurer Duty to Defend Against Trademark Claims

Case: Manzarek v. St. Paul Fire & Marine Ins. Co., 9th Cir. No. 06-55936 (3/25/08)

The One Sentence Summary: District court erred in dismissing an advertising injury insurance coverage and bad faith lawsuit involving members of the rock band, The Doors, and claims of trademark infringement.



Ninth Circuit Holdings:

• Dismissal of plaintiff's complaint for insurance coverage for advertising injury and bodily injury was improper. A duty to defend existed due to a potential of coverage for claims alleging sale of trademarked merchandise and infliction of emotional distress. The "field of entertainment" exclusion relied upon by the defendant insurance company did not exclude all potential for coverage.
• The trial court should have allowed plaintiff an opportunity to amend his complaint.
  
  

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Patent Office Rule Changes Blocked by District Court's Permanent Injunction

Case: Tafas v. Dudas, Nos. 1:07cv846, 1:07cv1008 (E.D. Va. 4/1/08)

Judge James Cacheris of the United States District Court in Alexandria, Virginia issued a permanent injunction blocking the USPTO from implementing new rules for patent prosecution. The rules had been previously held up by a preliminary injunction issued on October 31, 2007.

In issuing the injunction, the court granted summary judgment to plaintiffs, holding that the rules were substantive rather than procedural, and that the USPTO did not have authority to issue the rules.

The litigation is likely not over because the ruling could be appealed to the Federal Circuit by the USPTO.

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