Blogs4.9.25
Don't Give Up on CGL Coverage for ITC Proceedings Alleging Trade Dress Infringement
In taking the position that ITC proceedings are not covered under commercial general liability policies because of the kind of remedy sought, insurers miss the point.
Authors
Lawsuits alleging trade dress infringement in advertising sometimes involve concurrent proceedings before the International Trade Commission (ITC). While these lawsuits typically are covered under commercial general liability (CGL) policies, insurers often take the opposite view of the associated ITC proceedings—which, unlike trade dress infringement lawsuits, seek exclusion orders instead of damages. Should you accept insurers’ position on this issue?
Not in our view. In taking the position that ITC proceedings are not covered because they do not seek damages, insurers miss the point.
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