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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). “Pennsylvania law imposes on insurers a broad duty to defend lawsuits brought against those they insure.” Likewise, the exclusions were construed in favor of coverage.

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Trade Dress Protection: Laws and Its Relevance

IP and Legal Filings

Currently, IP laws in India do not facilitate the protection of trade dresses per se. However, trade dresses and their protection may fall under the ambit of the Trade Marks Act, 1999. The Lanham Act, also known as the Trademark Act of 1946 is the US Federal Statute that regulates trademarks, service marks, and unfair competition.

Law 52