Advertising Injury Handling Checklist
Determine if any injunctive action is being undertaken.
If yes, is there any voluntary temporary action the insured
is willing to take to satisfy the plaintiff?
Do initial investigation:
  Obtain a detailed chronology of advertising
activities-- include precise dates.
 
  Obtain samples of all advertising materials:
  • Copies of print media advertisements and promotions.
  • Tapes of television and radio advertisements
    or promotional appearances.
  • Copies of Web pages referencing the product.
 
  Photograph or obtain samples of product packaging
and store displays. 
 
  Determine when was the advertised product
was introduced into the market.
 
  Gather information about the claimant
and its products.
Search the Web and visit distributors or retailers. 
 
Determine what statutory damages may apply.
Determine the net income of the insured
associated with the advertised product
or services.
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