United States District Court, W.D. Wisconsin
OPINION & ORDER
D. PETERSON District Judge.
Scott Boehm is a sports photographer. He alleges that
third-party defendant Event USA Corp. obtained unauthorized
digital copies of Boehm's copyrighted photos and directed
defendant Heyrman Printing, LLC, to print copies of the
photos. Boehm filed suit against Heyrman Printing, accusing
it of copyright infringement. Dkt. 1. Heyrman Printing has an
insurance policy that covers “advertising injury,
” so it tendered this case to its insurer, ACUITY, a
Mutual Insurance Company. ACUITY now moves for summary
judgment that Heyrman Printing's policy does not afford
coverage for the allegations in the complaint. Dkt. 41. The
court concludes that ACUITY has no duty to defend or
indemnify Heyrman Printing, so it will grant summary judgment
in ACUITY's favor.
following facts are undisputed.
issued Heyrman Printing an insurance policy, covering June 1,
2010, to the present. The policy confers coverage for
“personal and advertising injury” and the scope
of that coverage is circumscribed by definitions in the
policy. The initial grant of coverage applies to
“personal and advertising injury caused by an offense
arising out of your business, but only if the offense was
committed in the coverage territory during the policy
period.” Dkt. 45-11, at 28. The policy defines
“personal and advertising injury, ” in pertinent
part, as “injury, including consequential bodily
injury, arising out of one or more of the following offenses:
. . . . Infringing upon another's copyright, trade dress
or slogan in your advertisement.” Id. at 41.
The policy defines “advertisement” as:
[A] notice that is broadcast or published to the general
public or specific market segments about your goods, products
or services for the purpose of attracting customers or
supporters. For the purposes of this definition:
a. Notices that are published include material placed on the
Internet or on similar electronic means of communication; and
b. Regarding websites, only that part of a website that is
about your goods, products or services for the purposes of
attracting customers or supporters is considered an
Id. at 39.
policy also has exclusions applicable to advertising injury.
The policy does not cover:
Personal and advertising injury:
(1) Caused by or at the direction of the insured with the
knowledge that the act would violate the rights of another
and would inflict personal and advertising injury;
(12) Arising out of the infringement of copyright, patent,
trademark, trade secret or other intellectual property
However, this exclusion does not apply to infringement, in
your advertisement, of copyright, ...