Advertising Injury and Intellectual Property Loss

Advertising injury claims are some of the most litigated claims in the insurance coverage arena. Such claims can include libel, slander or commercial disparagement, trademark and trade dress infringement, copyright infringement, patent infringement, theft of trade secrets, and unfair competition. Issues that arise in this area can include whether the insured’s actions fall within the definition of “advertising injury,” the requirement of a causal connection to injuries, and the applicability of exclusions, including the “knowledge of falsity” exclusion.

In this complex and evolving area, Picadio Sneath Miller & Norton, P.C. attorneys are experienced in evaluating advertising injury claims and counseling carriers on these issues. Recent cases include:

  • Representation of an insurance company in a coverage action involving alleged property damage and advertising injury coverage for alleged violations of the Telephone Consumer Protection Act. Reported decision Melrose Hotel Co. v. St. Paul Fire and Marine Ins. Co. 432 F. Supp. 2d 488 (E.D. Pa. 2006), aff'd, 2007 U.S. App. LEXIS 22711 (3d Cir. Sept. 25, 2007).
  • Representation of an insurance company in a coverage action involving an underlying copyright infringement lawsuit and a determination of whether there was “advertising injury” under four commercial general liability policies issued to the corporation by the insurer.

For more information, call 412-288-4000 or send our PSMN ® Pittsburgh litigation attorneys an e-mail by completing the contact form on this website.