Interbrand Can't Dodge Marksmen Defense Claims

Law360, New York (June 30, 2010, 6:55 PM EDT) -- Interbrand Corp. has failed to squash a bid by a former business partner, intellectual property protection services provider Marksmen Inc., seeking indemnity for defense costs in a fraud action.

Judge Denise Cote of the U.S. District Court for the Southern District of New York on Monday denied Interbrand's March 11 motion to dismiss the suit, rejecting the branding consultant's argument that it does not owe its business partner the requested relief because the disputed express indemnity provision does not cover Marksmen's “active” negligence.

“First, Interbrand has...
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