Case: Trademarks/Indemnification (1st Cir.)

HDI Global Insurance Co. had no duty to defend or indemnify Sterngold Dental LLC under a standard commercial general liability policy with respect to a competitor’s trademark infringement claim. Sterngold’s policy with HDI has an exclusion for advertising injury arising from trademark infringement. And the advertising injury here stems from Sterngold’s use of the competitor’s advertising idea, with the competitor labeling the claim as one for the infringement of its OSSEAN trademark, so to the extent that the complaint alleged an advertising injury, that injury unquestionably arose out of a trademark infringement claim. The case is Sterngold Dental, LLC v. HDI Glob. Ins. Co., 2019 BL 245148, 1st Cir., No. 18-2084, 7/2/19