No Duty To Defend For Insurer In AARP Suit: 5th Circ.

Law360, New York (August 6, 2009, 6:07 PM EDT) -- A federal appeals court has affirmed that the insurer for America's Recommended Mailer Inc. has no duty to defend it against AARP's charges that it helped several financial services firms infringe the retirement association's trademark to con seniors.

AARP's suit against Mailers alleges trademark infringement — not trade dress infringement — and so is not covered under the terms of the mailing company's Maryland Casualty Co. insurance policy, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit said in a per curiam...
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