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ARTICLE · 10 DECEMBER 2015

No Fresh Wrong, No Duty To Defend

McDermott Will & Emery
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In February 2012, the Navajo Nation brought suit for trademark infringement and related statutory and common-law violations against Urban Outfitters and its affiliate companies.

United StatesIntellectual Property
Esther Lin
Esther Lin
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Hanover Ins. Co. v. Urban Outfitters, Inc.

Where an alleged trademark infringement began 16 months before an insurance policy took effect, the U.S. Court of Appeals for the Third Circuit affirmed the district court's decision that the insurer had no duty to defend or indemnify pursuant to the "prior publication" exclusion which barred coverage for liability arising from materials first published before the policy began. Hanover Ins. Co. v. Urban Outfitters, Inc., Case No. 14-3705 (3d Cir., Oct. 23, 2015) (Roth, J.).

In February 2012, the Navajo Nation brought suit for trademark infringement and related statutory and common-law violations against Urban Outfitters and its affiliate companies. Urban Outfitters allegedly "advertised, promoted, and sold its goods under the 'Navaho' and 'Navajo' names and marks" both online and in stores "[s]ince at least March 16, 2009."

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