Missouri Federal District Court Rejects Advertising Injury Coverage for Counterfeit Goods Suit

In Colony Insurance Co. v. Frison Flea Market, Inc., No. 4:13CV2193(JCH), 2014 U.S. Dist. LEXIS 130841 (E.D. Mo. Sept. 18, 2014), the district court found no coverage under the “personal and advertising injury” part of the subject insurance policy because there was no alleged causal connection between the advertising and sale of counterfeit goods.

As background, Jack Frison and Frison Flea Market Inc.’s (Flea Market) were found liable for having infringed Coach’s trademarks and copyrights by, in pertinent part, allowing the illegal sale of …

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