United States Ninth Circuit

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.

Appellate Information

• Argued 10/21/2008
• Decided 02/02/2009
• Published 02/02/2009

Judges

• N.R. SMITH, Circuit Judge:, Before:  HARRY PREGERSON and N. RANDY SMITH, Circuit Judges, and RANER C. COLLINS, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• James C. Nielsen, Jennifer S. Cohn, and August L. Lohuaru, Nielsen, Haley & Abbott LLP, Los Angeles, CA, for the plaintiffs-appellees., Peter W. Ross, Gene Williams, and Keith J. Wesley, Brown Woods & George LLP, Los Angeles, CA, for the defendants-appellants.