Hello, I Love You: Appellants Win in 9th Circuit Decision Involving Insurance Coverage of Doors Trademark Infringement Lawsuit.
Appellants will get their day in court after all, and St. Paul Fire & Marine Insurance Company many have to pony up in the end. The case arises out of defense of two underlying lawsuits related to false advertising and trademark infringement. Raymond Manzarek, a founding member of the epic rock group The Doors began using the mark DOORS TOURING COMPANY in conjunction with music tours, as well as with various merchandise being sold on its website and at the concerts with the DOORS logo on it. Parents of the former band’s singer Jim Morrison, and Morrison’s widow sued the company for trademark infringement and trade dress infringement. Another suit, brought by former drummer John Densmore, alleged, inter alia, breach of contract, economic damage, and damage to Densmore’s reputation by either express or implied claims that Densmore was at best, The Unknown Solider, and at worst, not an integral part of The Doors legendary band.
Appellants tendered the lawsuit to their insurance company, which contained advertising injury liability. Tendering to the company, however, turned out not to be an Easy Ride to coverage: the insurance company promptly denied coverage and Appellants, determined to Break On Through the wall of denial, sued. The district court granted the insurance company’s motions to dismiss and appellants appealed.
Inching along in The Soft Parade toward reversing the lower court’s decision, the 9th Circuit stated that dismissal of the claim was premature, since the insurance company did not know exactly what items were being sold under the DOORS infringement, and by its own contract language, certain types of merchandise were expressly covered. The allegations by the former drummer relating to damage to his reputation, the 9th Circuit held, were sufficient to “raise the potential of an award of mental anguish or emotional distress damages.” No Back Door Man he, Densmore’s claims, if proved, could be covered under the policy.
Practice Note: With apologies to readers that this blogger will post anything up that references Jim Morrison, clients really should carefully read their media policies and other insurance coverage paperwork to make sure they are getting the coverage they believe they are paying for.
