International Multifoods Corporation and Affiliated Companies - Page 7

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               the name "Mister Donut", a unique and readily                          
               recognizable design, color scheme and layout for the                   
               premises wherein such business is conducted (herein                    
               called a "Mister Donut Shop") and for its furnishings,                 
               signs, emblems, trade names, trademarks, certification                 
               marks and service marks * * *, all of which may be                     
               changed, improved and further developed from time to                   
               time * * *                                                             

          The Mister Donut System also included methods of preparation,               
          serving and merchandising doughnuts, pastries, and other food               
          products, and the use of specially prepared doughnut, pastry, and           
          other food product mixes as may be changed, improved, and                   
          disclosed to persons franchised by petitioner to operate a Mister           
          Donut shop.                                                                 
               Petitioner granted franchisees the right to open a fixed               
          number of Mister Donut shops pursuant to established terms and              
          conditions and at locations approved by petitioner.5  The                   
          franchise agreements provided that petitioner would not open or             
          authorize others to open any Mister Donut shops in the                      
          franchisee's territory6 until the franchise agreement expired or            
          was terminated, or unless the franchisee did not meet its                   
          development schedule by failing to open the requisite number of             
          Mister Donut shops by the agreed-upon date.  In the event the               

               5Subject to certain limitations, the franchise agreements              
          permitted franchisees to subfranchise Mister Donut shops within             
          the respective franchisee's territory.                                      
               6Hereinafter, "territory" is a reference to one of the 11              
          operating and nonoperating countries.                                       

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Last modified: May 25, 2011