Florida Lawyer News Services | Robbins Equitas

(Clearwater attorney) United Nat’l Ins. Co. v. Spectrum Worldwide, Inc.

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(U.S. 9th Cir., Contracts, Insurance Law, Intellectual Property, Media Law, Remedies, Trademark) In a suit by an insurance company for reimbursement of its settlement contribution in a trademark infringement action, summary judgment for plaintiff is affirmed where: 1) a “first publication” exclusion found in the excess insurance policy applied to infringement claims; 2) defendant was judicially estopped from claiming that it first published infringing material after it purchased the policy; and 3) the district court did not abuse its discretion in finding two defendants jointly and severally liable for repayment of plaintiff’s contribution.

Rein v. US Patent
&
Trademark Office

(U.S. 4th Cir., Administrative Law, Civil Procedure, Intellectual Property, Patent, Trademark) In a civil action alleging defendant-agencies did not conduct an adequate search for documents requested by plaintiff-law firm under the Freedom of Information Act (FOIA) and that defendant-agencies improperly withheld documents as exempt which were discovered during the search, award of summary judgment to defendant-agencies is affirmed in part and reversed in part where: 1) the district court erred in finding the Vaughn index contained adequate descriptive information to determine whether the challenged documents were properly withheld in whole or in part; 2) the district court did not err in holding the defendant-agencies properly withheld the challenged documents in whole or in part based on the deliberative process privilege; 3) the district court did it err in concluding the challenged redacted documents did not contain segregable material; and 4) the district court did not err in concluding the PTO properly withheld or redacted materials based on the attorney-client privilege, as protected by Exemption 5.

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