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Article: Trade dress infringement. (The Law).
- Article from:
- Risk & Insurance
- Article date:
- September 2, 2002
- Author:
CopyrightCOPYRIGHT 2002 Axon Group. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The advertising injury endorsement to liability insurance policies has engendered a great deal of litigation over the years. Although much has been resolved, the applicability of the advertising injury provision to claims of trade dress infringement remains in some dispute.
A number of courts have found that trade dress infringement claims are outside the scope of advertising injury. In one case, for example, a policy issued to the Advance Watch Co. covered "misappropriation" of advertising ideas or style. The U.S. Court of Appeals for the Sixth Circuit said that the phrase "misappropriation of advertising ideas or style" referred to a category of actionable ...