Preparing for the worst: a corporate perspective on trademark litigation insurance

By Jessica Elliott Cardon

While attorneys recognise the need to prepare for the worst potential outcomes when counselling clients and negotiating transactions, they sometimes fail to prepare for insurance management should the worst-case scenario come to pass

Upon receiving notice of a potential legal claim – whether a cease-and-desist letter invoking trademark and trade dress infringement or a newly served lawsuit – attorneys instinctively consider defences, counterclaims and relevant evidence. However, they do not always consider insurance protection and insurance claim management.

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Issue 72