Prior Publication Exclusion Bars Coverage in Trademark Infringement Action

In Kim Seng Company v. Great American Insurance Co. of New York, 2009 WL 3791874 (Cal.App. 2 Dist.), the insurers and the insured disputed whether the insurers providing advertising injury coverage had a duty to defend in a trademark infringement action and to indemnify the insured in connection with that action. The trial court granted summary judgment for the insurers based on the prior publication exclusion in the applicable policies.