Does Media Liability Cover Trademark Infringement?

The Hiscox specimen lists alleged trademark infringement, dilution, and trade-dress infringement in its grant for claims resulting from media activities or advertising professional services. Its false-advertising exclusion contains a specific exception for trademark infringement or false designation of origin based on alleged unauthorized use of another’s mark. Those details belong to that specimen and should not be generalized to a different policy.

Trademark disputes can involve uses in content, advertising, product branding, or commercial practices. A policy may distinguish among these contexts, and a separate intellectual-property policy may have its own covered claims, insured interests, and exclusions. A policy title alone will not show whether the particular allegation is within scope.

Ask the broker or insurer to identify the grant and exclusions that apply to marks, slogans, trade dress, keywords, and false designation allegations. Review any advertising-injury carveouts, prior knowledge terms, territory, and defense-cost treatment in the complete issued wording.