In AIX Specialty Ins. Co. v. BigLimo, Inc., No. 3:21-cv-08, 2021 WL 2708902 (S.D. Ohio June 30, 2021) the United States District Court for the Southern District of Ohio concluded an insured nightclub’s unauthorized use of the pictures of two models in Facebook advertisements potentially qualified as “implied defamation” and “personal and advertising injury.” The court held that an intellectual property exclusion barred coverage that could exist for the pled claims of invasion of privacy by appropriation and violations of the Ohio Deceptive Trade Practices Act and Lanham Act, but held that the unauthorized use of the plaintiffs’ pictures potentially constituted an…

Continue Reading Ohio Court: Use of Actresses’ Images Potentially Alleges Implied Defamation Claim Covered As “Personal And Advertising Injury”