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HARLEYSVILLE MUT. v. BUZZ OFF INSECT SHIELD

No. 272A08.

692 S.E.2d 605 (2010)

HARLEYSVILLE MUTUAL INSURANCE COMPANY v. BUZZ OFF INSECT SHIELD, L.L.C., a North Carolina limited liability company; International Garment Technologies, L.L.C., a North Carolina limited liability company; Erie Insurance Exchange; and Erie Insurance Company.

Supreme Court of North Carolina.

April 15, 2010.

Attorney(s) appearing for the Case

Pinto Coates Kyre & Brown, P.L.L.C., by David L. Brown, Martha P. Brown, and John I. Malone, Jr., Greensboro; and Blank Rome LLP, by Jeremy A. Rist, pro hac vice, Philadelphia, PA; for plaintiff-appellant.

Brooks, Pierce, McLendon, Humphrey & Leonard L.L.P., by Mack Sperling, Greensboro; and Latham & Watkins LLP, by J. Scott Ballenger, pro hac vice, Washington, DC; for defendant-appellee International Garment Technologies, L.L.C.

Nelson, Levine de Luca & Horst, LLC, by Michael A. Hamilton, pro hac vice, Blue Bell, PA; and Burton & Sue, L.L.P., by Gary K. Sue, Greensboro, for defendant-appellants Erie Insurance Exchange and Erie Insurance Company.

Nelson Mullins Riley & Scarborough LLP, by Joseph W. Eason and Stephen D. Martin, Raleigh, for Property Casualty Insurers Association of America, amicus curiae.

Maynard & Harris Attorneys at Law, PLLC, by C. Douglas Maynard, Jr., Winston-Salem, for United Policyholders, amicus curiae.

NEWBY, Justice.

This case arose out of a dispute between competing producers of insect repellents. Defendants Buzz Off Insect Shield, L.L.C. ("BOIS") and International Garment Technologies, L.L.C. ("IGT") allegedly falsely advertised the attributes of their insect-repellent clothing. S.C. Johnson & Son, Inc. ("SCJ"), defendants' competitor, believed that it was being injured by these advertisements. As a result, SCJ sued BOIS and IGT in federal court to compensate...

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