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Advertising injury coverage may exist even when gravamen of underlying complaint is TM

43(B)log

5-hour Energy [a frequent litigant in this space] sued mainly over trademark infringement, but also alleged false advertising (and trademark dilution). The Policy here defines Advertising Injury as an injury “arising out of oral or written publication of material that libels or slanders.

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Dastar doesn't bar allegedly false advertising about source of planned development services

43(B)log

They allegedly wrongfully ousted Corkum and, when he asserted his rights, incorporated Oak City to continue the business, allegedly with LStar’s equipment, money, and intellectual property. Defendants' letter allegedly copied text from LStar Trademark infringement: LStar never specified what its trademarks or service marks were.