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Commercial General Liability Policies Lanham Act

Rivkin Radler LLP

Keeping ‘Happy Valley’ Happy: A Cautionary Tale For Promo Firms

Rivkin Radler LLP on

The adage that “it is better to ask for forgiveness than permission” does not apply to trademark law. This is especially true where receiving forgiveness may be conditioned by paying substantial sums of money to brand owners...more

Carlton Fields

Sixth Circuit Finds Lanham Act False Advertising Claim Not a Personal and Advertising Injury Under General Liability Policy

Carlton Fields on

On June 1, 2023, the Sixth Circuit Court of Appeals found that a Lanham Act false advertising lawsuit was not covered under the “personal and advertising injury” coverage section of a commercial general liability (CGL) policy...more

K&L Gates LLP

Highest Massachusetts Court Confirms Coverage for “Advertising Injury” Claims Based on Use of a Name

K&L Gates LLP on

In a case of nationwide first impression, the Massachusetts Supreme Judicial Court ruled in favor of K&L Gates LLP’s client, Vibram Corporation (“Vibram”), by holding that allegations regarding Vibram’s use of a deceased...more

Jones Day

Massachusetts High Court Expands Insurance Coverage for False Advertising Lawsuits

Jones Day on

The Situation: False advertising lawsuits between competitors under the Lanham Act can be expensive to defend. While there are strong arguments that standard liability insurance policies may cover such claims, insurers...more

Pillsbury - Policyholder Pulse blog

Notice Anything Fishy? – Preserving Your Coverage Claims with Diligent Notice

Recently the Eleventh Circuit spent a lot of ink discussing how the marketing and sale of sashimi-grade tuna is affected when myoglobin reacts with oxygen to produce oxymyoglobin, and with carbon monoxide to form...more

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