Chickie's and Pete's, Inc. - Page 13

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               be compensation for services rendered and it must be                   
               reasonable in amount. * * *                                            
                    The complete test for royalty fees is that they                   
               are fair and reasonable and are paid for services                      
               rendered. * * *                                                        
                    Mr. Ciarrocchi had entered into a fair and reason-                
               able, arm’s-length license agreement with Ogden Enter-                 
               tainment prior into [sic] his entering into a fair and                 
               reasonable license agreement with the taxpayer [peti-                  
               tioner].  Since Ogden was willing to pay 11% of gross                  
               revenues (plus a $10,000.00 up-front bonus) to Mr.                     
               Ciarrocchi for his minimal participation, then the                     
               taxpayer in this matter should have expected to pay                    
               much more for Mr. Ciarrocchi’s full participation and                  
               creativity.                                                            
          In further support of petitioner’s position, petitioner                     
          asserts:                                                                    
               Ogden was permitted to use the name “Chickie’s and Pete’s”             
               and the “Crabfries�” product only; Chickie’s and Pete’s,               
               Inc. [petitioner] was permitted to use the name, and all of            
               the many and varied products, recipes, spices and tech-                
               niques.  These additional items should more than double, and           
               maybe even triple, the amount of royalty paid by Petitioner.           
               The higher percentage royalty for a larger amount and vari-            
               ety of items is “fair and reasonable”. * * *                           
               We turn first to petitioner’s contention that, pursuant to             
          the Ogden license agreement, Ogden was allowed to use, in addi-             
          tion to the name “Chickie’s and Pete’s”, only the “Crabfries�”              
          product, and not any of the other “many and varied products,                
          recipes, spices and techniques” that petitioner claims it was               
          permitted to use under petitioner’s license agreement.  On the              
          record before us, we reject that contention.  Ogden’s license               
          agreement did not in any way limit the products of Chickie’s and            
          Pete’s that Ogden was permitted to sell at Ogden’s Veterans                 





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Last modified: May 25, 2011