Daily Archives: April 28, 2020

Winston Churchill Versus Winston Churchill: The True Story of a Trademark Coexistence Agreement

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.

Young Winston Churchill

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