The Trademark Reporter®
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September-October, 2017 Vol. 107 No. 5 Back to TMR Main Page
What Insurance Coverage Remains for Trademark Infringement Claims After Years of Policy Language Changes?

Trademark insurance coverage is rarely provided in a commercial general liability policy except by express endorsement. Nonetheless, trademark infringement claims may implicate coverage for trademark lawsuits, which are frequently conjoined with claims for relief that may implicate coverage for trademark infringement such as those for tortious interference, unfair competition, or trademark dilution premised on either. While policy language has changed over the years, the ISO CGL forms still offers the broadest space of coverage to the average insured.