Nothing Comes Between Me and My Calvins…Except an Uncovered Trademark Infringement Lawsuit

CGS Indus., Inc. v. Charter Oak Fire Ins. Co.
|(2nd Cir. (N.Y.) June 11, 2013
The Second Circuit recently held that the phrase “infringement of title” in a liability policy does not encompass trademark infringement. Thus, the court found that a liability insurer was not obligated to indemnify its insured (not Calvin Klein) against a claim for allegedly copying the claimant’s rear-pocket stitching design in its jeans. The decision is noteworthy because it puts to rest policyholders’ argument, at least in New York, that …

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