• Posts Tagged ‘consent agreement’

    It Just Seems Wrong UPDATE

    by  • July 26, 2016 • trademark • 0 Comments

    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...

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    It Just Seems Wrong

    by  • May 19, 2014 • trademark • 0 Comments

    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...

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    Another Dirty Co-Existence Agreement

    by  • June 2, 2012 • trademark

    I just read a post by my friend Neil Wilkof entitled The Dirty Little (Or Not So Little) Secret Of Trade Mark Law.  In it, he talks about co-existence agreements and too often their tolerance of confusion rather than avoidance of it. And then I ran across a fairly uninteresting and poorly decided case...

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