Why Should I Have Insurance Coverage for My Intellectual Property?

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Suppose you are undergoing an intellectual property lawsuit. In that case, whether it be defending against unfair competition, copyright, trademark, or otherwise, you must understand the extent to which your insurance company will cover your legal expenses. Continue reading to discover how an experienced New Jersey intellectual property insurance coverage lawyer at The Ingber Law Firm can be of service to you by ensuring that you receive your fair share of coverage.

How can an intellectual property lawyer help me receive the proper insurance coverage?

If you have insurance coverage, our law firm can help you retrieve the Reimbursement of Defense Fees that you rightfully deserve in the following circumstances:

  • Receipt of Demand to Cease and Desist from Infringement or to License Under Asserted IP Rights: attorney’s fees expended in response to a claim where a party seeks damages against a policyholder, which will inevitably lead to a lawsuit, may trigger the insurer’s duty to assist the policyholder in avoiding a potentially covered lawsuit.
  • Receipt of Complaint: attorneys may avoid forfeiture of insurance coverage benefits for their clients by providing prompt notice of claims to their insurer.
  • Receipt of Counter-Claim or Third-Party Claim: attorneys can use this to their advantage because even though most insurance companies will refuse to pay the costs incurred by a party that initially prosecutes a lawsuit, insurers may, nevertheless, be responsible for defending the same action if the defendants in that action respond with an affirmative counter-claim or a third party asserts a claim against the original plaintiff.
  • Entry of Judgment: attorneys can use this to their advantage because the entry of judgment, either for or against the defendant, does not negate a prior existing duty to defend on the policyholder’s behalf.
  • Notice of Appeal: if all else fails, attorneys may try again to retain coverage benefits, as an insurer that has a duty to defend a lawsuit will also have a duty to fund an appeal.

To have more of your questions answered regarding how to retain the proper insurance coverage in your intellectual property lawsuit, do not hesitate in reaching out to a skilled Essex County, New Jersey intellectual property lawyer as soon as you can.


Whether you’re looking to register a copyright or trademark, are facing a dispute, or otherwise require the assistance of an experienced New Jersey intellectual property lawyer, you’re in the right place. Contact Ingber Law Firm today to schedule your initial consultation with our skilled and dedicated legal team.