Street Surfing, LLC v. Great American E & S Insurance

ORDER

The opinion filed June 10, 2014, and reported at 752 F.3d 853 (9th Cir.2014), is AMENDED. An amended opinion is filed concurrently with this order.

With these amendments, the panel has voted to deny the petition for rehearing. Judge Clifton has voted to deny the suggestion for rehearing en banc and Judges Goodwin and Fisher so recommend.

The full court has been advised of the suggestion for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

Thé petition for rehearing and suggestion for rehearing en banc, filed June 24, 2014, is DENIED.

Subsequent petitions for rehearing or rehearing en banc may not be filed.

OPINION

This case arises from general liability insurance policies, including advertising injury coverage, that defendant Great American E & S Insurance Company issued to plaintiff Street Surfing, LLC. The parties dispute whether those policies obligated Great American to defend Street Surfing in an action alleging trademark infringement, unfair competition and unfair business practices under federal and California law. The district court granted summary judgment in favor of Great American, concluding…