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Justice: Justice Green.
Atomic Café Trademark Litigation Against LeanBox and Cold Brew Does Not Trigger Travelers Indemnity’s Duty to Defend or Indemnify, Judge Green Rules

In The Travelers Indemnity Company v. Lean & Local LLC, Travelers sought a declaration that it did not owe its insureds indemnity or a defense. Judge Green granted Travelers summary judgment. The claims asserted against the insureds in a trademark case, Judge Green ruled, did not trigger coverage under the policies’ “advertising injury” provision.

The trademark case, filed in the United States District Court for the District of Massachusetts, involved claims by Atomic Café against LeanBox and Cold Brew, the insureds under the policies. Atomic Café alleged that the defendants’ use of Atomic Café’s mark on the defendants’ website constituted trademark infringement.

Justice: Justice Green

This month, Judge Karen Green is replacing Judge Mitchell Kaplan as the judge for the January - June rotation of BLS1. Governor Charlie Baker appointed Judge Green to the Superior Court in 2016. Before her appointment, Judge Green was a senior partner in Wilmer Cutler Pickering Hale and Dorr LLP’s Boston office where she focused her practice on complex business litigation. During her legal career, she served in various public service positions, including as an Assistant US Attorney. More information about Judge Green can be found here.  

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