What Insurance Covers Trademark Infringement?

A trademark dispute may allege that a business used another party’s name, logo, slogan, or branding in a way that creates confusion. Dedicated IP coverage may address defined infringement claims, and media liability may fit some content or advertising allegations. CFC describes IP coverage that includes infringement defense, but its product description applies to its own offering. A NAIC Journal of Insurance Regulation study discusses standard general liability wording and exclusions for trademark and other IP claims.

The context of the alleged use matters. An advertisement using a competitor’s mark may be analyzed differently from a product label, domain name, software interface, or ordinary business name. A CGL policy’s advertising-related language should not be treated as broad trademark insurance, and the actual grant may exclude media businesses, knowing violations, or claims outside the defined offense.

Ask whether trademark defense is included, whether it applies to advertising, products, packaging, and online use, and whether the insured’s own enforcement expenses are covered. Review scheduled marks and products, territory, prior disputes, contractual indemnity, consent requirements, and defense-cost erosion. Compare the quote with the actual IP or media form, not just its product title.