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2684 [WITHDRAWN SEE #2754] A policy excluding liability for "injury arising out of ... infringement of trademark, service mark or trade name ... " does not cover claims for trademark infringement and false designation of origin brought under the Lanham Act or for unfair competition under the California statute; California Insurance Guarantee Association (CIGA) may contest a claim on the ground that it is not within the coverage of the insurance policy issued by an insolvent insurer, even though a third-party claimant has obtained a judgment declaring that the insurer had no basis to deny coverage for the claim.CitationALOHA PACIFIC v CIGA (Coverage Relitigation) 78 CA4 740 [See: InsC 1063.1(c)(1); Biggs v CIGA 126 CA3 641]
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