Intellectual Property and Commercial Liability Engagements

• We represented a popular rock music band in a lawsuit against its insurance carrier to recover costs incurred in defending claims for trademark and service mark infringement and violation of the right of publicity.  We successfully argued that the band’s commercial general liability (CGL) policy, which provided coverage for “advertising injury,” obligated the insurer to defend and indemnify the band despite the insurer’s attempt to broadly exclude certain intellectual property claims from the definition of “advertising injury.”  The court’s favorable ruling resulted in a settlement in which the band recovered $1.65 million.

• We represented a medical technology firm involved in a patent and antitrust lawsuit, recovering millions of dollars under general liability policies for attorneys’ fees and costs associated with both the defense of antitrust allegations and the prosecution of its own patent claims.