Advertising Injury

"Advertising injury" generally refers to a broad group of torts, including defamation such as libel, slander and product disparagement, infringement of copyright, title or slogan, and misappropriation of advertising ideas or style of doing business. "Advertising injury" may also include misappropriation of trade dress or trade name.

Many defamation and copyright infringement cases are defended under the "advertising injury" coverage of liability insurance policies, including many homeowners' policies. Most Commercial General Liability (CGL) insurance policies include a distinct coverage part for advertising injury caused by an offense committed both during the policy period and in the course of advertising the insured's goods or services. As a result, lawsuits alleging defamation and violations of intellectual property rights are increasingly being tendered to insurance companies under the advertising injury coverage of the policy.

In recent years, whether insurers also have a duty to defend claims for trade dress and trademark infringement under the "advertising injury" coverage contained in many standard CGL insurance policies has been extensively litigated. Despite a number of court decisions, this area of law remains unsettled. Whether or not insurance coverage exists, defense of advertising injury claims is an issue of critical importance to any business.

KCF has more than 20 years' experience representing clients in advertising injury cases, defending insureds under the "advertising injury" coverage of their policies, counseling both insurers and insureds on insurance coverage issues, and representing both insurers and insureds in insurance coverage litigation.

In this highly complex and evolving area of law, where product and service providers, as well as the insurance carriers covering them, face significant risk, KCF can call on our cross-functional team of veteran attorneys – business and IP lawyers, insurance coverage and bad faith attorneys, and trial-tested litigators – who can evaluate advertising injury claims and allegations and provide targeted counsel for all parties involved.