U.S.A. Nutrasource, Inc. v. CNA Insurance

MEMORANDUM AND ORDER

Now before the court are the motions of defendant Columbia Casualty Company (“CCC”) to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(4) and (5), to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(6), and to strike. Having carefully reviewed the parties’ papers and considered their arguments and the relevant legal authority, and good cause appearing, the court hereby rules as follows.

BACKGROUND

The present case stems from an insurance dispute. Plaintiffs are U.S.A. Nutra- source, Inc. (“Nutrasource”), Herbsmart, Natural Sourcing Solutions, Inc., and Larry W. Martinez. Defendants are CCC and CNA Insurance Company (“CNA”).

According to the complaint, the facts are generally as follows. Plaintiffs purchased a commercial general liability insurance policy from defendants for the period of March 1, 1999, through March 1, 2000. Said policy included liability coverage for claims arising from alleged advertising injuries, including trademark infringement, copyright infringement, misappropriation of style of doing business, etc.

On or about June 15, 1999, Amrion, Inc. (“Amrion”) filed a complaint for trademark infringement, copyright…