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US Fidelity and Guaranty Co. v Fendi Adele S.R.L

(United States Second Circuit) – In an insurance coverage action involving a seller of merchandise, who was insured under defendant’s liability insurance policy for damages it was required to pay because of ʺadvertising injury,ʺ and who during the policy coverage period sold counterfeit goods bearing counterfeit trademarks that led to two underlying lawsuits in which plaintiff was found liable for trademark infringement, the District Court’s judgment of no coverage is affirmed where the policies did not cover the trademark infringement losses because they were not the result of an ʺadvertising injury.”

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