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AIR ENGINEERING v. INDUSTRIAL AIR POWER

No. 2012AP103.

828 N.W.2d 565 (2013)

346 Wis.2d 9

2013 WI App 18

AIR ENGINEERING, INC., Plaintiff, v. INDUSTRIAL AIR POWER, LLC, Christopher Klemz and Matthew Kraus, Defendants-Appellants, Acuity, a Mutual Insurance Company, Intervening Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed January 3, 2013.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Patrick J. Schott and Kristin P. Fredrick of Schott, Bublitz & Engel, S.C., Brook-field.

On behalf of the intervening-defendant-respondent, the cause was submitted on the brief of Christine M. Rice and Matthew J. Van Keulen of Simpson & Deardorff, S.C., Milwaukee.

Before NEUBAUER, P.J., REILLY and GUNDRUM, JJ.

NEUBAUER, P.J.

¶ 1 This is a dispute regarding an insurance company's duty to defend under a commercial general liability (CGL) policy against allegations of advertising injury based on use of another's "advertising idea." In the underlying lawsuit. Air Engineering, Inc. sued Industrial Air Power, LLC alleging various causes of action based on Industrial's alleged misappropriation and use of Air Engineering's website source code and site content and an internet...

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