Trademark and other IP owners who file lawsuits against infringers are the masters of the complaints that start the litigation. One consideration often overlooked is insurance coverage; many defendants have commercial general liability insurance policies that might provide coverage on the claims.
Sometimes having a defendant with coverage is desirable; insurance can be a source of funds to pay a settlement. Other times, coverage will make the litigation more protracted.
A recent decision of the Wisconsin Supreme Court, West Bend Mutual Insurance Co. v. Ixthus Medical Supply, Inc. (Wis. 2019) found coverage for an insured that had been sued for trademark infringement.
The decision provides guidance to IP owners in points to include (or exclude) in an infringement complaint that would implicate insurance coverage for the target defendant.