- 14 -
Stadium concessions.7 In fact, Mr. Ciarrocchi’s testimony estab-
lishes that there was no limit on the products that Ogden was
permitted to use under Ogden’s license agreement. Mr. Ciarrocchi
testified:
With the development of the products and Chickie’s and
Pete’s, we opened up in Veteran’s [sic] Stadium in April of
1999 and I went into an agreement that you spoke of before
with Ogden [i.e., Ogden’s license agreement] * * * where I
would sell my products at the stadium * * * they would use
my name, my recipes and they would pay me a royalty for
using them.
* * * * * * *
* * * Ogden Entertainment, they came to me and
asked if they * * * could sell my products in their
stadium and I said, sure. That’d be great and we
discussed the price and we negotiating [sic] how much
it would cost.
It was 11 percent of the gross sales of the sta-
dium of anything that was sold with the Chickie’s and
Pete’s name * * *.
We turn now to petitioner’s contentions that Mr. Ciarrocchi
performed more services for petitioner under petitioner’s license
agreement than 4010, Inc., performed for Ogden under Ogden’s
license agreement and that consequently it was reasonable for Mr.
Ciarrocchi to receive 22-1/2 percent of gross sales under peti-
tioner’s license agreement, instead of 11 percent of gross sales,
which was the fee that 4010, Inc., was to receive under Ogden’s
7See supra note 3.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011