The U.S. Court of Appeals for the Third Circuit ruled that a commercial liability insurance policy’s coverage of trade dress infringement claims does not extend to losses for trademark infringement.

The appeals court upheld a ruling from the U.S. District Court for the District of New Jersey that said the insurer is not obligated to cover trademark or copyright infringement claims by Avaya, a communications technology company, against an alleged seller of pirated Avaya software licenses.