Skyline Search for Journals: DePaul University/Lawyers for the Creative Arts

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Keyword: Entertainment Law

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Material Type: Journals & Magazines

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Result: Journal of art & entertainment law [electronic resource] / DePaul University [and] Lawyers for the Creative Arts.

LEXISNEXIS SUMMARY:
... "Advertising injury provisions have been part of the standard form CGL insurance policy for many years, and a growing body of case law has developed around claims that advertising injury provisions provide coverage for intellectual property lawsuits, including trademark and trade dress, patent, copyright, and trade secret cases." ... The flaws with the three-part test become more prevalent when the underlying allegations related to patent, trademark or copyright infringement. ... Second, as to the trademark infringement allegations, the District Court of Oregon found the insured "distributed ... disks containing computer software denoted by Symantec's trademarked names and when it used Symantec's trademarked names in print advertising." ... While trademark or trade dress infringement is not always included as an offense under the advertising injury clause, some courts have found coverage for trademark or trade dress infringement under the offense for "misappropriation of advertising ideas or style of doing business." ... In addition to coverage provided by CGL policies, a business that has extensive intellectual property assets should obtain coverage that will unambiguously protect intellectual property, irrespective of whether the claims for coverage are related to the insured's "advertising activities."

source citation:  

Rowe, Todd M. "Specialty Insurance for Intellectual Property: Additional Security For      
     
     Owners of Intellectual Property Assests." Journal of International Media &  
     
     Entertainment Law (Winter 2008): n. pag. Lexus Nexis Academic. Web. 23 Oct. 2012.