The nuts and bolts of trademark consent and coexistence agreements

By Alicia Grahn Jones and Zach Eyster

While coexistence and consent agreements can be useful tools for protecting trademarks and avoiding litigation, parties entering into them must draft them with great care and be mindful of the potential pitfalls

While consent and coexistence agreements are common tools to resolve trademark disputes, numerous issues should be considered before entering into one. This article analyses the legal and business rationales for both consent and coexistence agreements, outlines how they work and then examines some of the risks attached to such agreements and how to minimise them.

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Issue 72