TABLE OF CONTENTS 1
COVER
3
PREFACE
CHAPTER 2A—SCANDALOUS TRADEMARKS
CHAPTER 3A—ASSEMBLED WORK FORCES ARE VALUABLE BUT MAYBE NOT THE CHIEF EXECUTIVE OFFICER
CHAPTER 16A—ROYALTY RATES FOR LICENSING, DATA SOURCES
NEW CHAPTER 16B—ROYALTY RATE PRIMER PRESENTATION
CHAPTER 27A—EXMARK ESTABLISHES NEW DAMAGES MODEL
APPENDIX C-1—FOOD & BEVERAGE INDUSTRY ROYALTY RATES AND SUPPORT FROM THE 25% RULE
NOTE
4
CHAPTER 2A: SCANDALOUS TRADEMARKS
LANHAM ACT DISPARAGEMENT CLAUSE IS STRUCK DOWN
SOME IMMORAL AND SCANDALOUS TRADEMARKS STILL FIGHT FOR REGISTRATION
OUTSTANDING CONSTITUTIONAL SCRUTINY AND STATUTORY INTERPRETATION QUESTIONS
NOTE
5
CHAPTER 3A: ASSEMBLED WORKFORCES ARE VALUABLE BUT MAYBE NOT THE CHIEF EXECUTIVE OFFICER
KEY PERSONNEL CAN BITE YOU IN YOUR SHARE PRICE
NOTES
6
CHAPTER 16A: ROYALTY RATES FOR LICENSING, DATA SOURCES
7
CHAPTER 16B: ROYALTY RATE PRIMER PRESENTATION
8
CHAPTER 27A: EXMARK ESTABLISHES NEW DAMAGES MODEL
EMV AND REASONABLE ROYALTY DAMAGES
DAMAGES
NOTES
9
APPENDIX C1: FOOD & BEVERAGE INDUSTRY ROYALTY RATES AND SUPPORT FROM THE 25% RULE
MARIO ANDRETTI—5% ON SALES
BOTTLE DESIGN: “TRINITY”—8% OF SALES
BIG LEAGUE CHEW—2.5% TO 5% OF SALES
BRITNEY SPEARS—9% OF SALES
BERGHOFF BEER TRADEMARK— $1.2 MILLION
BEVERAGES—$0.25 (CDN.) PER CASE
CHAMPIONLYTE—3% TO 6% ON SALES
CHEESE—5% ON SALES
COOL LUC—4% OF SALES
COMIC BOOK MILK—2.5% TO 11% OF SALES
CRICKET WORLD CUP SPONSORSHIP—$3.69 MILLION
DETHRONE ENERGY DRINK—5% TO 12% OF GROSS PROFITS
DAIRY BRAND—2% OF SALES
DAIRY PRODUCTS—2% ON NET SALES
DANNON/YOCREAM CO-BRAND—4% ON SALES
DAVE MIRRA—7% ON SALES
DEL SUNSHINE—5% OF NET SALES
DISNEY CHARACTERS WATER—4% OF NET SALES
EGGS—$0.01 PER POUND TO $0.05 PER DOZEN
F.I.T.T. ENERGY BEVERAGE—$0.05 PER BOTTLE
FOOD FLAVOR—$30 MILLION DEVELOPMENT COST PLUS 1% TO 4% OF SALES
FOOD FLAVOR—$20 MILLION DEVELOPMENT COST PLUS 1% TO 4% OF SALES
FRENCH FRIES/VENDING—5% OF SALES
HAWAIIAN TROPIC—4% OF SALES
HEALTHY FOOD—CASH, STOCK AND 10% OF SALES
ICE DRAFT—$5 MILLION
KRISPY KREME—2% ON SALES
MARVEL'S AVENGERS ASSEMBLE CHARACTERS—5% OF SALES
MARVEL'S HEROES FLAVORED MILK—2% TO 4% OF SALES
MARVEL'S HEROES FLAVORED MILK IN THE MIDDLE EAST—11% OF SALES
MEATBALLS—1% TO 6% OF NET SALES
MEXICO WATER AND FRUIT DRINKS—2% OF SALES
MR. PEANUT SNACKS—$0.02 PER GALLON
NEW LEAF BRANDS BEVERAGE—4% OF NET SALES
PACKAGING/BEVERAGE CONTAINER—STOCK PLUS 2% OF GROSS PROFITS
PACKAGING—$335,000 PLUS 2% ON SALES
PACKAGING—20% OF SALES
PACKAGING—20% OF SALES
POCKET SHOT ENERGY DRINK—1.5% TO 7% ON SALES
S&W AND IL CLASSICO TRADEMARKS—2% ON SALES
SLIM JIM AND PENROSE TRADEMARKS—$11 MILLION
SLIM SLAMMER