Insurance Coverage for Trademark Infringement Lawsuits

This article provides an overview of case law holding that insurance companies are obligated to provide coverage for trademark claims under advertising injury coverage, even when the word "trademark" does not appear anywhere in the policy. Further, it discusses rulings on the prior publication exclusion, which insurers frequently assert applies to advertising injury in the trademark infringement context.

20 minute read July 29, 2009 at 11:30 AM
By
Richard D. Milone and and John W. McGuinness
Insurance Coverage for Trademark Infringement Lawsuits

Given the current economic climate, every company in America is looking to minimize legal costs. To that end, companies should be taking a closer look than ever at their existing insurance program as a means to cover legal fees in areas that they may not have considered previously.

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