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AXELROD v. MAGNA CARTA COMPANIES

63 A.D.3d 444 (2009)

880 N.Y.S.2d 69

HARVEY AXELROD, Doing business as S. AXELROD CO., Appellant, v. MAGNA CARTA COMPANIES et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 4, 2009.

The subject policies cover, in pertinent part, claims of copyright infringement arising out of plaintiff's advertising of goods, products or services. The underlying complaint alleged that plaintiff infringed the underlying plaintiff's copyright by, in pertinent part, "reproducing, manufacturing, and/or distributing" charms that are copies of charms created by the underlying plaintiff and by "preparing derivative works based on...

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