Educational Training System, Inc. v. Monroe Guaranty Insurance Co.

OPINION

TACKETT, Judge.

Educational Training Systems, Inc., (“ETS”) appeals from the decision of the Jefferson Circuit Court granting summary judgment to Monroe Guaranty Insurance Company (“Monroe”) on the issue of whether Monroe had a duty to defend Weikel Academy of Realty, Inc. (“Weikel Academy”) and Earl Weikel in an action by ETS for infringement of its service mark, “A-Pass Weikel Institute”. The circuit court concluded that Weikel Academy acted with intent to confuse its service mark with that of ETS, with intent to harm ETS, and that therefore an exclusion in the Monroe policy operated…