Reboans involved coverage for a suit brought against the policyholder by a competitor arising out of the alleged sale of counterfeit products. In another case, the misappropriation of a customer list was found to be both an infringement of title and the misappropriation of an advertising idea. See Merchants Co. v. Copyright infringement, of course, is an expressly stated offense under the 1986 standard form advertising injury clause. See Zurich Ins.
Some courts apply the causation test more leniently than others.
Courts appear to be more likely to presume that there is the necessary causal connection in copyright and trademark infringement cases as such claims generally involve advertising. Additionally, in Federal Ins. The court held that Microsoft s insurers were obligated to defend Microsoft against Apple s suit. Further, the Ninth Circuit affirmed a finding of coverage in a case involving the misappropriation of secret customer and marketing information even though the insured did not disclose the confidential information in its advertisements. Rather, the insured merely used the information in drafting and targeting its promotions.