Children’s book publisher Scholastic Inc. is entitled to have a second insurance company pay off most of its remaining legal costs from a trademark dispute with Vanderbilt University, a federal court said Monday.

The secondary insurer, St. Paul Fire and Marine Insurance Company, is responsible for what’s left of Scholastic’s defense and settlement costs against Vanderbilt, but isn’t entitled to consequential damages, the US District Court for the Southern District of New York said.

Vanderbilt had licensed computer software to Scholastic, but claimed the publisher improperly used the software to develop a new product without paying royalties, according to the opinion. Following a motion to dismiss, only a trademark infringement and breach of contract claims remained, and the two parties settled in 2021.

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Anderson Kill PC represents Scholastic.

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