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ACUITY v. BAGADIA

Nos. 2006AP1153, 2006AP1974.

734 N.W.2d 464 (2007)

2007 WI App 133

ACUITY, a Mutual Insurance Company, Plaintiff-Appellant, v. Kishan BAGADIA, UNIK Associates, L.L.C., Symantec Corporation, and Quarterdeck Corporation, Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed April 25, 2007.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Arthur P. Simpson and Michelle D. Wehnes of Simpson & Deardorff, S.C. of Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the brief of Christopher F. Stoll of Heller Ehrman L.L.P. of San Francisco, CA, and Michelle M. Umberger of Heller Ehrman L.L.P. of Madison.

Before SNYDER, P.J., BROWN and ANDERSON, JJ.

¶ 1 BROWN, J.

This is a liability insurance coverage action. The underlying lawsuit, which was litigated in federal court in Oregon, involved pirated software. Symantec Corporation and Quarterdeck Corporation1 obtained a judgment against UNIK Associates, LLC for trademark counterfeiting and copyright infringement. Now Acuity seeks a declaration that its policy with UNIK does not cover the damages in the Oregon suit, and alternatively...

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