When Trademark Coexistence Goes Wrong
A coexistence agreement feels like a safe, reasonable way to avoid a lawsuit. Trademark attorney Jessica Eaves Mathews explains why these agreements rarely fail right away, and why the real damage often shows up years later, once a business has grown past the boundaries it agreed to.
In this video, Jessica walks through the most common ways coexistence and consent agreements go wrong: restrictions that quietly block future growth, channel and geographic limitations that become critical once the market shifts, and enforcement problems when the other party creeps past agreed boundaries. She also covers a risk many founders never anticipate, that agreeing to another party’s use of a similar mark can function as a legal waiver of enforcement rights, and that a consent agreement becomes public record that unrelated third parties can later use against the business in a completely different dispute.
What’s covered:
- Why coexistence agreements often fail years after signing, not immediately
- How channel and geographic restrictions can block future growth
- The enforcement problems that arise when boundaries are crossed
- Acquiescence and waiver risk under the Trademark Act
- Why a public consent agreement can resurface in unrelated disputes
If you’re deciding whether to sign, enforce, or renegotiate a coexistence agreement, schedule a consultation: https://www.leveragelegalgroup.com/contact/


