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Oral or written publication of material that violates a person s right of privacy
Violation of privacy refers to the intrusion into someone’s personal life through spoken words or publication of written material. For example, suppose that you in the waiting room at your therapist s office. You know that Bill is currently meeting with the therapist, so you put your ear to the wall. You overhear Bill telling the therapist that he recently spent six months in a mental institution. One week later, you publish a newsletter that you distribute to businesses in your community. You include a synopsis of Bill s Bakery, mentioning Bill s stay in a mental institution. Bill sues you for invasion of privacy.
Use of another s advertising idea in your advertisement”
This offense is best explained by an example. Suppose that Bill s Bakery has developed an ad campaign for his business using balloons that are distinctively shaped and colored. You publish an ad for your bakery that contains pictures of balloons, which are the same shape and color as the ones Bill is using. Bill s Bakery sues you for using its advertising idea without its permission.
Infringing upon another s copyright, trade dress or slogan in “your” advertisement
A copyright is awarded to the creator of an artistic work, such as a book, film or musical recording. It gives the author an exclusive right to reproduce it. Copyright infringement refers to the use or reproduction of the work without the copyright holder’s permission.
Trade dress refers to the physical appearance of a product, including the manner in which it is packaged, labeled, promoted or advertised (including graphics used). If you copy the product s appearance without the manufacturer s permission, you may have committed trade dress infringement.
For example, suppose that your business, Best Buns, bakes and sells cookies. Bill s Bakery sells triangle-shaped cookies packaged in a triangular container, which is purple with white lettering. You begin selling triangular cookies as well. You package your cookies in a container that looks just like Bill s. Bill s Bakery sues you for trade dress infringement.
A slogan is a unique phrase used by a business entity to attract attention to its advertising. If you use another company’s slogan in your advertising without its permission, you may be subject to a lawsuit.
To be covered as personal and advertising injury. your infringement upon someone s copyright, trade dress or slogan must occur via your advertisement. If you are sued for copyright infringement because of material you reproduced without consent in a trade journal article, your liability policy will not cover the suit.
Consequential Bodily Injury
Personal and advertising injury also includes consequential bodily injury that arises out of the offenses described above. That is, if an act such as false arrest or slander leads to bodily injury. the injury should be covered as personal and advertising injury .
For example, Jane contends that she developed migraine headaches as a consequence of your act of malicious prosecution. She seeks compensatory damages for both bodily injury and personal and advertising injury. Because the bodily injury occurred as a consequence of a personal and advertising injury offense, it should be covered under your Personal and Advertising Injury (Coverage B) rather than Bodily Injury and Property Damage Liability (Coverage A).