New opinion — insurer wins coverage dispute

Hanover Insurance v. Urban Outfitters — insurance — affirmance — Roth

Starting in 2009, Urban Outfitters marketed clothes branded as Navajo (yeesh), and the Navajo Nation sued them for trademark infringement. Urban Outfitter’s insurer then sought a declaratory judgment that it was not on the hook, which the district court granted. Today, the Third Circuit affirmed, holding that a “prior publication” exclusion in the insurance contract applied.

Joining Roth were Ambro and Scirica. Arguing counsel were Ilan Rosenberg of Gordon & Rees for the outfitters and Andrew Gallogly of Margolis Epstein for the insurer.