Trademark Infringement Claim Might Trigger Coverage Despite Exclusion

Trademark Infringement Claim Might Trigger Coverage Despite Exclusion

Policyholder notified his insurer regarding a trademark infringement lawsuit over his band name, "The Doors", and requested coverage under his commercial general policies. Insurer denied coverage on the basis that such a claim was excluded from coverage under the "field of entertainment" exclusion. The Ninth Circuit concluded that there is an argument that the complaint asserts a separate breach of contract action that, at minimum, raises at least the potential for coverage under the applicable policies. For more information about this case, please notify Jeff Kingsley.