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The Latest Advertising Injury Case in the Second Circuit: Is Pocket Stitching A Slogan or Title?

By Marty Schwimmer on June 14, 2013

The latest on ‘advertising injury’ clause interpretation. The clause covered slogans or titles. The underlying infringement action involved pocket stitching on apparel. If the language was unambiguous, there is a strong preference to enforce the insurer’s duty to defend. The stitching was definitely not a slogan. When the underlying action was filed, there was sufficient uncertainty as to whether the stitching could be understood to be a ‘title,’ such that there was a duty to defend. Vacated and remanded for further proceedings.

cgs advertising injury
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  • Posted in:
    Intellectual Property, Trademark
  • Blog:
    The Trademark Blog
  • Organization:
    Martin Schwimmer
  • Article: View Original Source

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