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U.S. FIDELITY AND GUAR. CO. v. FENDI ADELE S.R.L.

Docket Nos. 14-3435-cv, 14-3474-cv.

823 F.3d 146 (2016)

UNITED STATES FIDELITY AND GUARANTY COMPANY, Plaintiff-Counter-Defendant-Appellee, v. FENDI ADELE S.R.L., Fendi S.R.L., Fendi North America, Inc., Defendants-Counter-Claimants-Appellants, Burlington Coat Factory Warehouse Corporation, Cohoes Fashions, Inc., Intervenors-Defendants-Counter-Claimants-Appellants, Ashley Reed Trading, Inc., Scott Ressler, James Ressler, Defendants-Counter-Claimants.

United States Court of Appeals, Second Circuit.

Decided: May 17, 2016.

Attorney(s) appearing for the Case

Robert J. Tracy ( Stefanie Robin Munsky , on the brief), Clifton Budd & DeMaria LLP, New York, NY, for Plaintiff-Counter-Defendant-Appellee United States Fidelity and Guaranty Company.

Victor Genecin ( Richard L. Mattiaccio and Corrine A. Irish , on the brief), Squire Patton Boggs, LLP, New York, NY, for Defendants-Counter-Claimants-Appellants Fendi Adele S.R.L., Fendi S.R.L., and Fendi North America, Inc.

George M. Vinci, Jr. ( David B. Picker , on the brief), Spector Gadon & Rosen, P.C., Philadelphia, PA, for Intervenor-Defendants-Counter-Claimants-Appellants Burlington Coat Factory Warehouse Corporation and Cohoes Fashions, Inc.

Before: SACK, CHIN, and DRONEY, Circuit Judges.

In this case, a seller of merchandise was insured under two liability insurance policies for any damages it was obligated to pay because of an "advertising injury." During the coverage period, it sold goods bearing counterfeit trademarks. In two underlying lawsuits, it was found liable...

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