After Houbigant sued Dana Perfumes for infringement of the HOUBIGANT trademark, Dana filed for bankruptcy. The parties settled the infringement dispute giving Houbigant the right to pursue indemnification under Dana's insurance policy. The lower court granted summary judgment upholding the carrier's denial of coverage. The Third Circuit reversed, holding that trademark infringement was covered as "Advertising Injury" under the Policy. Houbigant Inc. v. Federal Insurance Co., Case No. 03-1286 (July 6, 2004).
The case follows Frog, Switch & Mfg. v. Travelers Ins. Co., 193 F.3d 742 (3d. Cir. 1999), in departing from the pro carrier decision Advance Watch Co. v. ... more »
