Great American Off Hook For Trademark Defense Costs

Law360, New York (November 16, 2009, 1:28 PM EST) -- A California appeals court has upheld a victory for Great American Insurance Co. of New York in a duty-to-defend case, ruling that the “prior publication exclusion” in advertising injury policies the insurer wrote for an Asian food wholesaler applies to trademark infringement litigation.

The exclusion does apply to trademark infringement actions and is not limited to defamation and right of privacy actions, a three-judge panel ruled in the Court of Appeal for the State of California, Second Appellate Division, on Friday.

Great American and its affiliate...
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