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TM infringement and false advertising claims related to putative open source software "fork" succeed

43(B)log

SEPTEMBER 16, 2021

The parties previously partnered nonexclusively so that PureThink would sell and support the commercial version of Neo4j; upon termination, PureThink expressly agreed to “cease using any trademarks, service marks and other designations of Plaintiffs.” Summary judgment granted on state and federal false advertising claims.

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

43(B)log

JANUARY 6, 2022

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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TM infringement and false advertising claims related to putative open source software "fork" succeed

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

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