Trademarks

What is a Trademark?

A trademark is a symbol used to identify the source and origin of particular goods and services. Any symbol can function as a trademark, such as letters and words, logos, pictures, a combination of words and logos, 3D shapes, colors, sounds, etc.

Examples of Words and Letters Trademarks:
BEN & JERRY’S®
PEPSI®
COKE®
SUN®
RED HAT®

Free Defense Of Trademark Infringement

In some states, courts have ruled that insurer’s duty to defend is broader than and separate from duty to pay. Additionally, courts have ruled that insurer has a duty to defend insured against allegation that involve advertising injury, such as trademark and copyright infringements. Furthermore, courts have ruled that insurer has a duty to defend insured against all allegations even if some of these allegations are potentially covered.

Accordingly, it may be wise for companies facing the threat of trademark or copyright infringement litigation to review their insurance policies to determine if coverage exists to pay for attorneys’ fees and defense costs.

We offer free review of commercial general liability policies to determine if they include advertising injury provisions that may trigger coverage in a lawsuit that involves intellectual property, defamation, libel or slander. These provisions may be triggered if the alleged infringements have occurred in the course of advertising activities, which may be the case in most situations.

Commercial general liability policies may also cover allegations of intentional infringement of trademarks or copyrights even if these policies exclude intentional acts because intentional acts in criminal context may be distinguished from those in intellectual property context.

Generally, Courts determine whether insurer has a duty to defend by reviewing the infringement allegations against the insured with provisions of insurance policy. If your company has received cease and desist letter or has been sued for infringement of intellectual property, please feel free to contact us at (877) 708-6275 for free consultation to determine whether your insurance policy may cover attorneys’ fees and costs of defense.