United States Ninth Circuit
Taco Bell Corp. v. TBWA Chiat/Day Inc., 07-56532
In a suit against an advertising agency seeking indemnification for damages entered against plaintiff in a suit based on plaintiff's breach of an implied contract for using a third party's Chihuahua character in advertising developed by defendant, summary judgment for defendant is affirmed where the evidence only showed fault for the previous liability on the part of plaintiff, thus defendant owed no duty to indemnify.
Appellate Information
- Argued 12/09/2008
- Decided 01/23/2009
- Published 01/23/2009
Judges
- Before HARRY PREGERSON, DOROTHY W. NELSON and DAVID R. THOMPSON, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Robert J. Harris, Chicago, IL, for the plaintiff-appellant.
- For Appellees:
- Paul F. Corcoran, New York, NY, for the defendant-appellee.