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Nov 12, 2010
Karen Artz Ash, Katten Muchin Rosenman LLP, US
Bret J. Danow, Katten Muchin Rosenman LLP, US
First published on www.managingip.com

Insurance coverage for infringement claims


Karen Artz Ash, Katten Muchin Rosenman LLP, US, Bret J. Danow, Katten Muchin Rosenman LLP, US, First published on www.managingip.comWhen a party receives a notice letter from a trade mark owner making an allegation of trade mark infringement, one of the first steps that the party should take following receipt of the notice letter (after conferring with counsel) is to review any insurance policy which it may have to ascertain whether insurance coverage is available. Too often, parties simply assume that their insurance policy does not provide protection for claims of trade mark infringement and miss out on the benefits that they are paying their insurance companies to provide.
The potential benefits of having insurance coverage against claims of trade mark infringement are numerous. Depending on the insurance policy, these benefits can include payment of attorney fees and the ability to recoup from the insurance company payments of judgment or settlements made in connection with defending the claim. read more