Allied Ins. Co. v. Bach, No. 05 C 5945, 2007 WL 627635 (N.D. Ill. Feb. 27, 2007) (Leinenweber, J.).
Judge Leinenweber granted declaratory judgment defendants/counter-plaintiffs (collectively "defendants") summary judgment DJ plaintiff/counter-defendant’s ("plaintiff") duty to defend defendants against Lanham Act and related state law claims. Defendants were sued by third party Acushnet which accused defendants of willful and intentional violation of Acushnet’s marks related to its Titlest Pro VI golf ball based upon defendants’ alleged marketing of counterfeit golf balls. Defendants sought defense and indemnification from plaintiff, their insurer. Defendants’ insurance policy covered, among other things, defendants’ infringement of third party marks or copyrights in defendants’ advertising so long as the infringement was not done with knowledge or intent of the infringement. Although the Complaint charges defendants’ with willful and intentional violations of the marks, the Lanham Act provides claims without regard to intent. Because not all of Acushnet’s claims require intent, plaintiff has a duty to defend defendants’ against the suit. The Court did note, however, that should Acushnet prove that defendants’ acts were willful and intentional, plaintiff would have no duty to indemnify.