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Keyword: Entertainment Law
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Material Type: Journals & Magazines
27 Results sorted by relevanceResult: 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 ForOwners of Intellectual Property Assests." Journal of International Media &
Entertainment Law (Winter 2008): n. pag. Lexus Nexis Academic. Web. 23 Oct. 2012.