Intellectual Property Insurance

Intellectual property coverage protects you or your company from losses that may arise from copyright, trademark, and patent infringement. Coverage is also intended to protect against libel, slander, unfair competition, and misappropriation of advertising ideas as they occur in business, and which include those occurrences associated with internet commerce, computer generated transmissions, and telecasts, to name but a few.

When?

Intellectual property coverage is becoming a very popular coverage taken by business today. This coverage should be given very strong consideration when reviewing your business insurance program.

Why?

Intellectual property coverage is a significant and very strong consideration for businesses today as more business is transacted over the internet. Questions remain as to how e-commerce is going to develop, but one issue is clear, it is developing, fast! Intellectual property coverage insures you for the above exposures as they pertain to numerous situations including high-tech and internet-based businesses.

When the United States Patent and Trademark Office (USPTO) recently ruled that all content on the web falls under the category of periodicals they further clouded the already complex copyright and trademark issues. When a company places information on the web, they might think it is simply information, but the USPTO classifies it as a published periodical - and it must conform to those rules and regulations. This is why the added protection of our intellectual property coverage makes good business sense for companies of all sizes

Major Endorsements:

Endorsements limit or expand the scope, cause, and condition of coverages.

The following is just one of the major endorsements:

• Professional Liability: this endorsement is written in the professional liability policy, but it also is an important overlap which covers claims arising out of actual or alleged infringement of patent, copyright, trademark, trade name, trade dress, trade secret, or an other type of intellectual property. The maximum amount covered for defense costs and/or damages arising out of any one wrongful act of infringement or all wrongful acts of infringement occurring during the policy period is $1,000,000.

Examples:

• A website designer contracted to create a new logo for your company website notices a good design for a new company logo while searching other sites. Based on this design, she creates a new logo for your company which seems original to her and to your staff. The logo is approved and implemented. Shortly after, another company files a suit against your company because of a trademark infringement. Even though the similarity of the logo was unintentional, the other firm may still press for damages. Due to the nature of this situation, the intellectual property policy should have you covered.
• A software company notices that your company's product manual uses a similar quote in the foreword. The other company claims this quote was originally spoken by their CEO and so they hold the copyright for this speech. They file a claim against your business. The intellectual property policy, again should apply.

This section is designed for general informational and descriptive purposes only. The precise wording of each coverage is subject to specific conditions and endorsements of the actual policy issued. Always read your policy very carefully!