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Commercial General Liability Policies Trademarks

Rivkin Radler LLP

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

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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

Rivkin Radler LLP

Insurance Update - December 2023

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Our December Insurance Update features a few firsts from state high courts. For the first time: •The Supreme Court of Hawaii addresses reimbursement of defense costs. •The Supreme Court of Illinois addresses coverage for...more

K&L Gates LLP

Trademark Infringement Claims – Does Your CGL Insurer Have a Duty to Defend? A Recent Third-Circuit Decision Says "Yes"

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Trademark infringement lawsuits are among the risks faced by businesses running comparative advertisements referring to a competitor’s products. When facing such a suit, policyholders should be sure to look to their...more

Ervin Cohen & Jessup LLP

Overcoming Intellectual Property Exclusions In Insurance Policies

A key challenge for policyholders seeking coverage under commercial general liability, directors and officers and other insurance policies is the presence of the so-called “intellectual property exclusion.” In a typical...more

McDermott Will & Schulte

Dental Company’s Indemnification Claim “Bites”

The US Court of Appeals for the First Circuit affirmed the dismissal of a dental product manufacturer’s suit against its insurer, holding that the IP exclusion in the policy expressly excluded the trademark claims over which...more

Cozen O'Connor

Store Display Can Be An “Advertisement” Under Coverage B

Cozen O'Connor on

In Hershey Creamery Company v. Liberty Mutual Fire Insurance Company and Liberty Insurance Corporation, No. 1:18-CV-694, 2019 WL 1900397 (M.D. Penn. May 6, 2019) the court found that a self-serve milkshake machine and related...more

Blank Rome LLP

An Overview of Intellectual Property Insurance Issues

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The strategic importance and economic value of intellectual property (“IP”) can hardly be overstated in today’s global marketplace. Recognizing this, companies devote considerable time and resources to protect their vital IP...more

Carlton Fields

Eleventh Circuit Finds Exclusion Bars Trademark Infringement And Dependent False Designation And Unfair Competition Claims

Carlton Fields on

Duty to defend principles are generally well-settled in most jurisdictions: If the allegations in an underlying complaint potentially fall within the scope of coverage, the insurer must defend. ...more

Jones Day

CGL Insurance Coverage for Advertising Injuries: Upping the Ante for IP Litigation

Jones Day on

August 2017 In Short The Situation: Reversing a pair of federal district court rulings, the Fifth and Ninth Circuits have held that insurers must defend commercial general liability policyholders in advertising injuries...more

BakerHostetler

Rising up from the Trenches: Ninth Circuit Broadly Interprets Breach of Contract Exclusion in Trademark Infringement Case

BakerHostetler on

On May 23, 2014, the Ninth Circuit upheld a California district court decision that broadly interpreted the breach of contract exclusion in a commercial general liability policy to preclude coverage for all personal and...more

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