Two Winston Churchills and One Trademark Coexistence Agreement

Although perhaps best known to history as the man who stood up to Hitler, Winston Churchill, 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.

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