Advertising Injury Coverage and Fashion Designs

more+
less-

Modern businesses today consider their intellectual property as one of their most valuable assets. This is certainly the case for the fashion industry, where brands rely heavily upon trademark laws in the absence of a more robust copyright framework. Through well orchestrated marketing campaigns, fashion brands can appeal to a market sector based upon price, quality, style, or even status, and create a unique association in the public’s mind about their goods. As with any other business, however, selling fashion is not without risk. A brand can face lawsuits for trademark and trade dress infringement, copyright infringement, unfair competition, and defamation just to name a few. If a business took out a Comprehensive General Liability insurance policy, then it should look to its “advertising injury” coverage (referred to as “coverage B”) when faced with such a lawsuit.

Understanding such clauses, however, can prove critical. Insurance companies take a narrow view of what constitutes an “advertising injury” which often results in an insurance coverage denial. A policyholder should be prepared to contest such denials especially where there is “sufficient legal uncertainty about the coverage issue” at the time the tender was made.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Riveles Wahab LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×
×