Although perhaps best known to history as the man who stood up to Hitler, Winston Churchill, an English journalist, warrior, and statesman, also made great contributions to American trademark law. Indeed, Churchill was a pioneer and one of the first proponents of trademark coexistence agreements.
A short primer on trademark coexistence agreements is in order. Trademark coexistence agreements are peace treaties under which the owners of similar marks agree to forgo war and to divide the marketplace instead. The division may relate to goods, with one owner, for example, using its mark on raisins while the other uses its similar mark on oranges. The boundary may be geographic, allowing one party to market products on the West Coast while the other markets on the East Coast. Or the division may involve incorporating subtle distinctions in the marks themselves.
In the case of Churchill—while certainly more modest than saving civilization from Nazi conquest—his major contribution to trademark law involved a trademark dear to his heart: his own name.
Elizabeth Alexandra Mary Windsor, known by her professional name Queen Elizabeth II, spoke to the world about the Covid-19 pandemic Sunday night. Her speech demonstrated why modern skeptics – including small-d democrats and small-r republicans — still find themselves awestruck by the ancient institution of monarchy.
Of course, Queen Elizabeth is not just any monarch. She carries with her person the aura of lengthy history. When she first addressed her realm she was a 14-year old Princess. World War II was in its early stages, Winston Churchill had been Prime Minister for only 5 months, the United States was neutral, and Stalin’s Soviet Union and Hitler’s Nazi Germany were cooperative partners in a non-aggression pact. Her speech was designed to comfort evacuated British children who had been sent to the Commonwealth nations and the United States for safety. The broadcast was Churchill’s idea. He thought to use the young Princess to charm America into entering the war on Britain’s side.
On her 21st birthday, when she addressed her people again, she spoke as a confident young woman, who was nobody’s tool. She said: “I declare before you all that my whole life, whether it be long or short, shall be devoted to your service and the service of our great imperial family to which we all belong.”
Her life has certainly been long. She is almost 94 years old. She has ruled Great Britain and the Commonwealth for 68 years, longer than any other British monarch: 20 years longer than her namesake Queen Elizabeth I, and 5 years longer than her paternal great-great-grandmother Queen Victoria.
Her reign has had its share of successes and scandals, of family heroism and squalor. Just a few months ago, before anyone had heard of Covid-19, the press was full of stories about Prince William, Kate Middleton, Meghan Markle, and Prince Harry: where they were living, who was talking to whom, and other such delectable irrelevancies. None of that seems to matter now. On Sunday night, the Queen spoke as if her long and eventful life had been a preparation for the moment.