27
Jul/12

One More Advertising Injury Case – The Trademark In Question Was Not A Title Or Slogan


Flowers Bakeries Brands, Inc. sued Interstate Bakeries Corporation (IBC) (now Hostess) for trademark infringement, among other claims, alleging that IBC’S NATURE’S PRIDE and NATURE’S CHOICE trademarks for packaged breads were confusingly similar to Flowers’ NATURE’S OWN trademark. IBC’s insurer refused to defend IBC. IBC sought a declaration that insurer had a duty to defend IBC. IBC’s advertising policy covered titles and slogans. Eighth Circuit Court of Appeals affirmed the district court decision that insurer did not have a duty to defend IBC in the underlying litigation, as Flowers failed to allege facts that would indicate the phrase NATURE’S OWN was potentially a title or slogan under the policy.

If anyone wants to write in and explain why these policies have to be ambiguous with regard to trademark infringement, please do so.

decsiion advertising injury 11th circuit