The 1986 ISO General Liability policy form provided relatively broad coverage for advertising injury for non-media companies. On the other hand, media companies such as newspapers, television stations, and advertising agencies were required to purchase a special Media Liability policy. However, due to recent restrictions on advertising injury coverage under a General Liability policy, many non-media companies should strongly consider the purchase of a Media Liability (offline) or Cyber Liability (online) policy in order to close certain coverage gaps.
The 2001 ISO version of the General Liability form includes a new exclusion that eliminates coverage for “injury arising out of the infringement of copyright, patent, trademark, trade secret, or other intellectual property rights.” However, the new exclusion excepts “ infringement in your ‘advertisement’ of copyright, trade dress, or slogan.” Therefore, coverage is now specifically excluded for all trademark and trade secret claims. In addition, coverage for the three remaining types of intellectual property claims (copyright, trade dress, or slogan) is dependent upon such offenses arising out of an ‘advertisement’.
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