August 2009
Insurance Coverage for Trademark Infringement LawsuitsThe Increased Momentum
By Richard D. Milone and and John W. McGuinness
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.
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