News & Analysis as of

Lanham Act Insurance Litigation

Carlton Fields

Insurer Stripped of Coverage Defenses for Models’ Suit Against Insured Club

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Declining to find any of the insurer’s proffered exclusions applicable, a federal district court in Minnesota sided with the insured — a strip club that was sued for using models’ images without permission in its online...more

Carlton Fields

Florida Appeals Court Decisions Week of April 28 - May 2, 2025

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U.S. Eleventh Circuit Court of Appeals - Prime P&C v. Kepali Grp - insurance coverage, vehicle, after-acquired - State Farm v. LaRocca - Fla Health Care Clinic Act, wholly owned exception, certified question - Top...more

Carlton Fields

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

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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

Rivkin Radler LLP

Insurance Update - December 2020

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Here is what we cover in our December Insurance Update. In a case of first impression, the Illinois Supreme Court construes a mechanical device exclusion in an auto policy. A New Jersey federal judge considers whether...more

Jones Day

Massachusetts High Court Expands Insurance Coverage for False Advertising Lawsuits

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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

Foley & Lardner LLP

Insurers Must Pay Cost of Defending Case Stemming from Use of Famous Marathoner’s Name

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Vibram – seller of the “FiveFinger” shoes – took an intellectual property insurance coverage dispute to the highest court of Massachusetts, and won. The Supreme Judicial Court of Massachusetts held that the insurers must pay...more

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