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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46870 Justice Cahn UNDER A 2000 media liability policy, plaintiff agreed to defend the defendant from copyright and trademark infringement, idea misappropriation, deceptive trade practices and other claims. Defendant and Twentieth Century Fox Film Corp. (Fox) filed competing federal actions in a dispute over Fox’s rights under a licensing agreement to defendant’s “X-Men” comic book characters. In a March 19, 2001 letter, Fox asserted that defendant’s development of a “Mutant-X” television series after Fox’s release of the film “X-Men” violated the Lanham Act, constituted unfair competition and breached the licensing agreement. A special referee ruled in favor of plaintiff’s assertion that defendant’s April 17, 2001 notice of claim was untimely. The court vacated the report and required plaintiff to provide a defense in the federal action. It found that the record did not support the referee’s finding that Fox’s March 19, 2001 “cease and desist letter” qualified as a claim.

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