Fendi won’t be able to collect $34 million from an insurer for a retailer that knocked off the fashion company’s goods because the retailer did not inflict “advertising injury” on Fendi, a federal appeals court has ruled.

The retailer, Ashley Reed, was found liable for selling goods with the Fendi trademark, and Fendi tried to collect from Ashley Reed’s insurance company, U.S. Fidelity and Guarantee Co., which had policies covering any advertising-based injury it inflicted on its rivals.