Western International Syndication Corp. v. Gulf Insurance

MEMORANDUM **

In December 2002, the Apollo Theater Foundation (“Apollo”) initiated a lawsuit (“Underlying Action”) against Western International Syndication Corporation (“Western”) in the Southern District of New York. Apollo alleged that Western had embarked on a systematic campaign of misconduct, inter alia making misrepresentations concerning Apollo’s television program, “It’s Showtime at the Apollo” or “Showtime at the Apollo” (“Apollo Show”), and using Apollo’s trademarks in connection with a competing program. On March 8, 2004, Western notified Gulf Insurance Company (“Gulf’)1 of the…