Structuring Trademark Coexistence Agreements: Evaluating and Negotiating Agreements to Resolve Trademark Disputes
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will guide counsel to trademark owners on negotiating and drafting coexistence agreements. The panel will offer strategies for pursuing, negotiating, and structuring such contracts.
Outline
- Agreements: defined/characteristics, differences in agreements, the context in which they arise, and issues that arise
- Distinguishing coexistence, consent, concurrent use, and license agreements
- Key terms
- When to ask
- Potential disadvantages
- Limitations on use and registration
- Geographic scope
- Scope of goods
- Future expansion
- Ongoing cooperation
- International considerations
Benefits
The panel will review these and other key issues:
- What factors should counsel consider when weighing the use of a coexistence agreement?
- What are terms to include in coexistence agreements, and how should such agreements be framed to protect the client's mark?
- What are the risks to be aware of in negotiating coexistence agreements?
Faculty

Patricia M. Flanagan
Partner
Fox Rothschild
Ms. Flanagan assists emerging and industry-leading companies in protecting and enforcing their U.S. and international... | Read More
Ms. Flanagan assists emerging and industry-leading companies in protecting and enforcing their U.S. and international intellectual property rights. She focuses on strategic management and utilization of their trademark portfolios, including procurement, maintenance, licensing and asserting and defending trademark and unfair competition litigation. She helps develop business methods that cultivate and protect intellectual property assets through trademark and copyright registrations, trade secrets, licensing, publicity, digital media and internet-related content. When litigation arises, she leverages her depth of trial knowledge to protect and defend her clients’ businesses, brands and proprietary information.
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Barbara J. Grahn
Partner
Fox Rothschild
Ms. Grahn counsels clients in a range of trademark, copyright and advertising matters. She handles U.S. and... | Read More
Ms. Grahn counsels clients in a range of trademark, copyright and advertising matters. She handles U.S. and international trademark clearance, prosecution and enforcement, brand development and management, trademark and copyright infringement counseling and disputes, domain name issues, advertising compliance, sweepstakes and contest rules, and copyright registrations for large databases and websites.
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