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Licensor or from such sources as
Licensor may designate in writing
from time to time; * * *
* * * * * * *
3. Licensor’s Obligations.
Licensor agrees to provide at its own
expense:
(a) an on-site manager to train
License[e] and/or its employees and staff on food produc-
tion, customer service, staffing and training; and
(b) all materials and information
needed by Licensee to open and maintain the Business
using the Trademarks and Licensed Rights, other than
inventory to be used or consumed by Licensee in the
operation of the Business.
Except for an initial training session that Mr. Ciarrocchi
provided for Ogden personnel, neither Mr. Ciarrocchi nor any
other employee of 4010, Inc., had any involvement in the manage-
ment or operation of the Ogden’s Veterans Stadium concessions.
On September 1, 1999, Mr. Ciarrocchi and petitioner entered
into a license agreement (petitioner’s license agreement). That
agreement provided in pertinent part:
WHEREAS, Licensee [petitioner] operates the food
and beverage bar/restaurant at 10100 Roosevelt Boulevard,
Philadelphia;
WHEREAS, Licensee desires the right to use
the Trademark [i.e., CHICKIE’S & PETE’S and the good-
will associated therewith] and the recipes and menu
items developed, formulated and tested by Licensor [Mr.
Ciarrochi] (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 Agree-
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Last modified: May 25, 2011