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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. Standard liability insurance policies contain, in addition to the well-known bodily injury and property damage coverages, an often-forgotten section known as “advertising injury,” which affords coverage that too many companies overlook.
If a company has been sued for trademark infringement, it likely can obtain insurance coverage under the advertising injury section of its standard business liability policy, and this coverage includes the duty to pay the costs of defense. Insurers generally contend that no such coverage exists because their policies do not contain the word “trademark,” and all too often insurance brokers and corporate risk managers accept the insurers' position at face value and fail to press the issue any further. This is a costly mistake ' even when a case ends with no liability, defending a trademark infringement suit can cost upward of $1 million. Since the majority of cases to address the coverage issues have found coverage for defense costs and liability, companies that choose not to pursue coverage for trademark lawsuits are likely leaving money on the table.
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