A Pennsylvania judge has ruled against most preliminary objections to a suit by Urban Outfitters against insurance companies over two copyright infringement suits over a dress design.
The clothing company sued insurers Lamorak Insurance Co. — formerly OneBeacon America Insurance Co. — and Hanover Insurance Co. in October, alleging they failed to fulfill their obligations to defend the clothing, jewelry and makeup retailer over the sale of the dress at the center of a February 2014 copyright infringement suit currently on appeal before the Ninth Circuit. A near-identical suit launched in California federal court later in 2014.
Hanover has asked the Philadelphia Court of Common Pleas to toss Urban’s claims, saying the suit is premature while an underlying case is still on appeal. Lamorak also filed preliminary objections of its own. But Judge Patricia McInerney said in a very brief order on Monday that the objections weren’t enough to get rid of the suit altogether.
Urban Outfitters is represented by Danielle Karcich, Sherilyn Pastor and Adam Budesheim of McCarter & English LLP.