Intellectual Property
Jan. 7, 2011
Bypassing an Insurance Exclusion for Trademark Infringement
The 9th Circuit narrows the exclusion for trademark infringement in a commercial general insurance policy. By Howard Leslie Hoffenberg.
The exclusion for 'trademark infringement' in an 'advertising liability endorsement' of a commercial general insurance policy was narrowed by the 9th U.S. Circuit Court of Appeals in Hudson Insurance Co. v. Colony Insurance Co., 624 F.3d 1264 (9th Cir. 2010), which held that a two-word phrase could have the dual capacity of being both a slogan and a trademark. Accordingly, there was a potential for coverage for a...
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