Tag Archives: insurance

American Merck and German Merck’s TM battle doesn’t involve covered “advertising injury”

EMD Millipore Corp. v. HDI-Gerling Am. Ins. Co., 2021 WL 66441, No. 20-cv-10244-ADB (D. Mass. Jan. 7, 2021) Is trademark infringement (or similar) “advertising injury” because a trademark is an advertising idea? I’ve always thought that’s the core of what … Continue reading

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advertising injury insurance covers false advertising/patent case despite exclusions

In re Indian Harbor Ins. Co. v. SharkNinja Operating LLC, No. N20C-02-014 PRW CCLD (Del. Super. Ct. Nov. 19, 2020) Indian Harbor provided SharkNinja with personal and advertising injury insurance; it was sued for false advertising and patent infringement by … Continue reading

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insurer must defend Expedia because its false advertising exclusion didn’t cover false claims about hotels

National Union Fire Ins. Co. v. Expedia, Inc., 2020 WL 5369261, No. C19-0896RSL (W.D. Wash. Sept. 8, 2020) While receiving bad news in the underlying false advertising claims (watch this space), Expedia did manage to keep its insurer involved in … Continue reading

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Ordinary false advertising isn’t disparagement for insurance purposes

Vitamin Health, Inc. v. Hartford Casualty Ins. Co., — Fed.Appx. —-, 2017 WL 1325263, No. 16-1724  (6th Cir. Apr. 11, 2017) Vitamin Health makes products intended to reduce the risk of developing age-related macular degeneration, advertising that its products contain … Continue reading

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