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Perspective

Nov. 9, 2011

Think outside the box: coverage for trade dress infringement

For claims you may believe aren't covered, you might just need to think outside the box. By Peter S. Selvin of Raines Feldman LLP


By Peter S. Selvin


Is an allegation that a competitor copied another product's "look and feel" sufficient to trigger the application of "advertising injury" coverage under a Comprehensive General Liability (CGL) insurance policy?


The 2nd District Court of Appeal in Oglio Entertainment Group Inc. v. Hartford Casualty Insurance Co., 2011 DJDAR 16067 (2nd Dist. Nov. 1, 2011) addressed this question in the following factual co...

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