- 3 - concessions), entered into a license agreement (Ogden license agreement). That agreement provided in pertinent part: WHEREAS, Licensee [Ogden] operates the food and beverage concessions at Veterans Stadium in Philadelphia, Pennsylvania (“Veterans Stadium”); WHEREAS, Licensee desires the right to use the Trademark [i.e., “CHICKIE’S & PETE’S” and the goodwill associated therewith] and the recipes and menu items devel- oped, formulated and tested by Licensor [4010, Inc.] (such recipes and menu items being the “Licensed Rights”) at its location at 4010 Robbins Avenue, Philadelphia * * * to identify the goods and services being licensed to Licensee under this Agreement (the “Business”); and WHEREAS, Licensor is willing to grant to Licensee a non-exclusive license to use the Trademark and the Licensed Rights in the identification and operation of Licensee’s Business pursuant to the provi- sions contained in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, the parties, intending to be legally bound, hereby agree as follows: 1. Grant of License. (a) Licensor hereby grants to Licensee, subject to the provisions of this Agreement, the non- exclusive license to use the Trademark and such other variations of the Trademark as may be authorized by Licensor in the operation of a food service business together with the Licensed Rights only at * * * Veter- ans Stadium (the “License”). * * * (b) Except as set forth in Paragraph 1(a) above, this Agreement shall in no way limit Licensor’s use of the Trademark or the Licensed Rights in its current operation or in any future endeavor which Licensor may pursue or desire to pursue, including but not limited to, operating or licensing others to operate Chickie’s & Pete’s concessions in any other stadium, arena or other similar venue. (c) In consideration for the grantingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011