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Advertising injury coverage may exist even when gravamen of underlying complaint is TM

43(B)log

5, 2022) The court finds that, contrary to the district court’s holding, at least some of the underlying lawsuit’s allegations claimed that Vitamin Energy made disparaging statements about 5-hour Energy, thus triggering the insurer’s duty to defend under its “advertising injury” policy.

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Dastar doesn't bar allegedly false advertising about source of planned development services

43(B)log

Defendants' letter allegedly copied text from LStar Trademark infringement: LStar never specified what its trademarks or service marks were. Not every word on a label or ad is a mark. This was unambiguous and literally false, and likely material given its centrality. LStar didn’t plead its own trademark use.