What Is Trademark Infringement Insurance?

Trademark insurance is a type of IP coverage focused on disputes involving brand identifiers, but that label does not establish which allegation or legal expense is covered. The NAIC includes trademark infringement claims in its general description of IP insurance. CFC's product materials describe both defense and pursuit of infringers, while its application asks applicants to list marks and their territories. These documents describe particular offerings.

Ask whether the policy covers defense against an infringement or dilution claim, enforcement against another user, or both. Confirm whether it applies to registered and unregistered marks, trade dress, slogans, domains, marketplace listings, and marks used by affiliates. Check the schedule, products or services, territory, prior disputes, exclusions, limits, retention, and consent requirements. If a mark is licensed or shared, explain that relationship in the application. Review the actual endorsement to see which marks are insured and whether enforcement expenses reduce the same limit as defense.