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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