Strategic Defense of Advertising Injury, Trademark, Copyright, and IP Insurance Claims

Insurance carriers are responsible for the defense of covered claims including in some instances, advertising injury. If a carrier uses general litigation counsel without specific experience in these types of niche cases, it can lead to inefficient billing and missed nuances.

At Gerben IP, we offer insurance carriers niche, high-efficiency representation for:

advertising injury
trademark infringement claims
copyright infringement claims
trade dress infringement claims
false advertising claims
other intellectual property (IP) claims

As a boutique intellectual property firm, Gerben IP has the specialized expertise to quickly dismantle aggressive claims while protecting both the carrier’s bottom line and the policyholder’s reputation.

We have a proven track record of defending policyholders under major carriers, including:

Gerben IP’s Experience

Our team of attorneys has experience within the full spectrum of advertising injury litigation, such as:

Trademark Infringement
Defending clients against claims that their trademarks are confusingly similar to another brand owner’s trademarks.

Copyright Infringement
Defending clients against claims involving the accidental use of unlicensed images or media in digital and print advertising.

Dupe Litigation
Litigating “look-alike” claims involving jewelry, handbags, and consumer product packaging.

Generic or Descriptive Phrase Disputes
Navigating disputes over the use of generic or descriptive phrases claimed as “in use” by competitors.

Media Liability
Resolving complex disputes arising from modern marketing tactics and social media promotions

Our firm has a national reach, representing clients in all 50 states and more than 30 countries worldwide. While headquartered in the Mid-Atlantic, we represent clients in federal courts across the United States via pro hac vice admission and maintain a team of attorneys barred in New York, Washington, D.C., Virginia, California, Pennsylvania, and Maryland.

Our staff has used the LegalX billing platform by Bottomline Technologies and can work with any billing platforms, such as Tyson & Mendes, Passport, and Counsellink.

Why Insurance Carriers Choose Gerben IP for Their Legal Panels

Advertising injury claims require a different approach than standard commercial litigation. Because these matters revolve around niche areas of intellectual property law, insurance carriers benefit from working with specialized counsel like Gerben IP, who handle these issues every day.

Here’s why:

We’re already familiar with trademark and copyright law and can hit the ground running. Traditional “general litigation” panel firms often need to spend significant billable hours “learning” the intricacies of the Lanham Act or Copyright Act.
We provide targeted defense strategies that avoid unnecessary discovery and motions.
Faster claim closure through expert evaluation of “fair use” and “descriptiveness” defenses.
A single point of contact for claims arising in the country’s most active IP venues.
We provide the leverage needed for favorable settlements or aggressive courtroom defense.
Our firm’s primary focus is IP, giving us a data-driven perspective on settlement values and litigation risks.
We manage intellectual property portfolios and disputes for businesses ranging from startups to established national brands.
Our lean structure and IP-specific workflows ensure that defense costs remain proportional to the claim’s value.

For insurance carriers evaluating panel counsel, our niche focus allows us to deliver efficient, strategic defense tailored to advertising injury claims. Reach out to see how Gerben IP can support your insurance company with trademark and copyright-related claims.