Michael Cannata’s column was published in the New York Intellectual Property Law’s December 2015/January 2016 issue of “The Report.”  Michael’s column is entitled, “Notable Trademark Trial and Appeal Board Decisions.”

Complete summaries of the decisions can be found here.

Long-Term Disability Benefits May Be Reduced by Amount of Worker’s Compensation Lump Sum Disability Award

The plaintiff, an employee of The Lubrizol Corporation, sustained a disabling injury at work in July 2011. He filed for long-term disability benefits under The Lubrizol Corporation Long-Term Disability Plan in December 2011. His claim was approved in January 2012, and

Please click the link below to view the New York Insurance Coverage Law Update – Compilation 2015.

New York Insurance Coverage Update — Compilation 2015

No Coverage For Crane Damaged By Superstorm Sandy, New York Appellate Court Rules

A 750-foot tall tower crane affixed to a 74-story mixed-use hotel and residential building under construction in Manhattan was dislodged and partially destroyed by Superstorm Sandy. The project’s owner and construction manager sued the insurers that had issued a $700 million builder’s

Introduction

In November 2014, Chief Administrative Judge of the Courts A. Gail Prudenti amended the Uniform Civil Rules of the Supreme and County Courts by adding 22 NYCRR §202.5(e), which expressly mandates the protection of confidential personal information (“CPI”) in papers filed with the Courts. While the intent behind the amendment was a noble one,

A federal district court in North Carolina has ruled that a pollution exclusion clause barred coverage for claims alleging that drywall manufactured, sold, used, or distributed by the insured company emitted high levels of sulfur into the air inside homes.

The Case

Lawsuits against New NGC, Inc., asserted injuries and damages arising from exposure to

Recently, the U.S. Department of Health and Human Services Office of the Inspector General (DHHS-OIG) issued a fraud alert.  The alert concerned physician owned distributors (PODs) that derive revenue from selling, or arranging for the sale of implantable medical devices ordered by their physician-owners for use on their own patients at hospitals or ambulatory surgical

Board Dismisses Section 2(a) Challenge to MARATHON MONDAY Application

The Board dismissed an opposition filed by the Boston Athletic Association (“BAA”) to an application filed by Velocity, LLC (“Velocity”) seeking registration of MARATHON MONDAY in connection with “clothing, namely, tops, bottoms, headwear, sweatshirts, sweat pants, jackets, pullovers, caps, hats, socks.”

BAA alleged that the mark

The New Jersey Supreme Court has agreed to hear Allstate Ins. Co. v. Northfield Medical Center,1 which has consequences for insurers across the country seeking to deter insurance fraud schemes intended to avoid the prohibition on the corporate practice of medicine. The issue before the court is whether a health-care lawyer (who was not admitted

The Texas Supreme Court, on certified questions from the U.S. Court of Appeals for the Fifth Circuit, has ruled that property was not physically injured for purposes of the “your product” and “impaired property” exclusions in a standard-form commercial general liability (“CGL”) insurance policy merely by the installation of a defective product into the property.

The Vermont Supreme Court has ruled that a pollution exclusion in a homeowners’ insurance policy precluded coverage for the homeowners’ claim for property damages they alleged had been caused by the spraying of a pesticide in their home in an effort to exterminate bed bugs.

The Case

Neil and Patricia Whitney noticed bed bugs in

An appellate court in Ohio has ruled that an insurance company was entitled to recover defense costs it had paid on behalf of its insured after a trial court ruled that it had a duty to defend where that decision was later overturned on appeal.

The Case

Numerous tort claims were filed against Chiquita Brands

An appellate court in Ohio has ruled that an insurance company was entitled to recover defense costs it had paid on behalf of its insured after a trial court ruled that it had a duty to defend where that decision was later overturned on appeal.

The Case

Numerous tort claims were filed against Chiquita Brands

A federal district court in Indiana has ruled that an insurance policy’s “Respirable Dust” exclusion precluded coverage for a class action complaint seeking damages for injuries allegedly caused by petroleum coke (“pet coke”) dust.

The Case

In 2013, a consolidated class action complaint was filed against George J. Beemsterboer, Inc., and other defendants in the

The Department of Health and Human Services, Office of Inspector General (“OIG”) has released its Work Plan for Fiscal Year 2016 (“Plan”). The Plan summarizes new and ongoing audits, investigations and evaluations that OIG will prioritize in the upcoming year.

While many of the areas of focus addressed in the Plan are similar to those