Whether you are flipping through TV channels, scrolling through your smartphone or driving through a busy city, it is evident that media and mass communication are everywhere. Advertising agencies that once created a print ad for one specific newspaper and their limited number of readers are now creating ads that could be placed on multiple social media platforms and streaming networks, making their work accessible to an incredibly large population.
This means that a graphic designer creating an original logo has a bigger challenge today than in years past: Is the logo’s color combination and style too close to another global brand? Is the unique symbol created for a local business not actually unique enough? More viewers means more business for the creator — but also more exposure to hefty lawsuits.
Intellectual property rights are the intangible assets owned by a person or a company that cannot be used without consent. Violations related to intellectual property are not always egregious, and many creative businesses find themselves in stormy waters when they unknowingly but legally find themselves obligated to pay for their error.
USLI offers a variety of Miscellaneous Errors and Omissions professional liability products with differing levels of intellectual property coverage to extend to situations that may fall under intellectual property lawsuits. Our offering can cover:
- Personal injury (libel, slander, defamation)
- Actual or alleged infringement of copyrights, logos, slogans, trademarks, trade names or trade dress
- Negligence in content, including content displayed on products (logos, images)
We can consider businesses ranging from small creative agency startups to corporations making $15 million in revenue and needing $5 million in media liability coverage.
Is this coverage necessary, especially if you are a small business with a small reach? Absolutely. Consider these real-life lawsuits:
- In 2020, a global technology giant filed a lawsuit against a tiny startup with five staff members over their pear logo. (Apple v. Prepear)
- A coffee giant has gone after multiple small businesses for using “buck” in their name. (Starbucks v. Sambucks Coffee, Starbucks v. Haidabucks Coffee)
The moral is that no one in the creative industries is immune from potentially opening an envelope and finding a cease and desist letter that could ruin their day — and potentially their business.
USLI can consider many risks within the media industry, including photographers, advertising agencies, public lecturers, public relations specialists, graphic designers, video production and post-production services, and traditional and digital branding and marketing consultants. Our claims-made errors and omissions form can be packaged with general liability and business personal property (separate limits on an occurrence form) on most of our products.
For more information about our Pro+ect product with media and privacy coverage, click here.
For more information about our Specified Professions product with intellectual property enhancements, click here.
For more information about the need for technology firms to have media liability with their professional liability, click here.
