Dharma Enterprises - Page 8

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          1990 to reduce the amount of the royalty payments.  When                    
          petitioner and DM amended the license agreement, they were                  
          represented by the same attorney who worked for the various                 
          Nyingma organizations.                                                      
               The license agreement, as amended, granted to petitioner the           
          right to use the name "Dharma" and the trade names "Dharma                  
          Enterprises", "Skillful Means Press", "Amber Lotus", and                    
          "Dharmart Designs".  Tulku personally approved petitioner's use             
          of "Dharma" in its name.  DM has not registered any of these                
          trade names or the name Dharma as trademarks with either the                
          Federal or State government.  The license provides that                     
          petitioner's Dharma name identifies it as an approved Dharma                
          organization.  Members of the Nyingma community and the Nyingma             
          organizations recognize petitioner as a Dharma organization.                
          Petitioner also licenses a moon/cloud logo, which DM designed at            
          petitioner's request.                                                       
               Pursuant to the amended license agreement, petitioner                  
          received the right to "Certain proprietary Know-How, including              
          DM's expertise, [and] management techniques * * * for achieving             
          increased production and efficiency with a minimal workforce" and           
          the right to market this management technique.  Petitioner                  
          referred to this licensed asset as skillful means management                
          technique (SMMT).3  SMMT involves the application of Dharma                 


               3  Use of "skillful means management technique" and SMMT               
          does not express any decision with regard to DM's proprietary               
          interests in the materials pertaining to Buddhist principles                
          given to petitioner or the value of those materials.                        

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Last modified: May 25, 2011