Readers will remember that Applied Underwriters’ sued Workers’ Comp Executive, Providence Publications, presenter Larry Lichtenegger, Esq., and host Dale Debber alleging a trademark violation for using its name in a webcast and DVD solely about the controversial Applied Underwriters’ EquityComp program. Here is a link to the DVD.
So far, Applied Underwriters’ has lost in court every single step of the way. It has appealed its loss to the Ninth Circuit.
Oral argument on Applied Underwriters’ appeal in the Ninth Circuit of those wins has been set for December 18, at 9 a.m. in San Francisco. There are six matters on calendar; three are set for 10 minute oral arguments per side and three set for 15 minutes per side. The case at hand is third on the schedule with 10 minutes per side.
The panel assignment will be revealed the Monday before argument. Decisions are expected about 90 days after oral argument.
Applied Underwriters was once but is no longer an affiliate of Berkshire Hathaway. Applied’s management bought it. Berkshire Hathaway bears no responsibility for any of the events which have transpired involving Applied Underwriters’ or its subsidiaries including California Insurance Company.