Update: The 9th Circuit has affirmed, in an opinion that only further confuses matters. The analysis is this: Trademarks are assignable. Co-existence agreements are enforceable. Contracts are assignable unless doing so changes the terms or the document says otherwise, and neither is the case here. Therefore, the co-existence agreement was assignable. I have no idea… Continue reading

I don’t know whether this case is an unintended consequence or an ill-considered strategy. In any case, I think the outcome is wrong. We have four different parties using somewhat different trademarks for strip clubs.* Their relative order of priority, and the marks, is this: Owner Marks Priority date Spencer (defendant) CRAZY HORSE CLEVELAND CRAZY… Continue reading