In Test Masters Educational Services, Inc. v. State Farm Lloyds, No. 14-20473, 2015 U.S. App. LEXIS 11148 (5th Cir. June 29, 2015), the Fifth Circuit affirmed a district court’s ruling that the amended counterclaim in the underlying lawsuit did not trigger a duty to defend on the basis of trade dress infringement.
The underlying dispute arose from the ongoing legal saga between Test Masters Educational Services, Inc. (TES) and Robin Singh Educational Services, Inc. Both entities provided test preparation services under the name “Testmasters.” …
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