9th Circ. Affirms Insurer's Win In Pool Co. TM Coverage Row

Law360 (July 20, 2020, 9:20 PM EDT) -- The Ninth Circuit affirmed Monday that Colony Insurance Co. doesn't have to cover pool company Premier Pools Management Corp.'s costs to defend or settle a trademark infringement and unfair competition lawsuit brought by a similarly named competitor.

A three-judge panel of the appeals court agreed with U.S. District Judge John A. Mendez that the personal or advertising injury coverage in Premier's liability policy with Colony was not triggered by the underlying suit, which claimed a franchisee of the pool company misled consumers in the Dallas-Fort Worth area in Texas by promoting its services with the "Premier Pools and Spas" moniker —...

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