Both assignments and trademark co-existence agreements are generally enforceable. Here, the original owner of the “Crazy Horse” trademark entered into a co-existence agreement with Russell Road’s assignor. Then the original owner assigned its rights in the trademark to Spencer. Finally, the co-existence agreement was assigned to Russell Road. Held, both the co-existence agreement and its assignment were enforceable, and the rights they conferred on Russell Road were superior to the rights of the assignee of the original owner of the trademark.
Trademark assignments and trademark co-existence agreements are generally enforceable; here the assignee of a co-existence agreement had prior rights over the assignee under a later assignment of the trademark.