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Commercial General Liability Policies Trademarks Trademark Infringement

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

K&L Gates LLP

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

K&L Gates LLP on

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

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

Blank Rome LLP on

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

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