Insurer avoids coverage by reliance on fine print
TDC Corporation was sued for infringing on a competitor's trademark by using the name "EZ Moving and Storage." TDC sought coverage for the suit under its commercial insurance policy with General Casualty Company of Wisconsin, which provided coverage for "advertising injury," defined to include "[i]nfringing upon another's...trade dress...in your 'advertisement'."
The policy went on to define "trade dress" as "essentially its total image and overall appearance. It involves the total image of a product and may include features such as size, shape, color or color combinations, texture, graphics, or even particular sales techniques." The Court of Appeals concluded that this broad definition of "trade dress infringement" does not include the use of a similar name; on that basis it denied coverage to the company.