When did that court ruling take place? Sounds wonderful if it is fact.
Here's the Boeing intellectual property licensing contract (notice the list of aircraft it covers):
effective as of ______________
is entered into by and between Boeing Management Company (hereinafter
referred to as "Licensor") having an office and place of business in
Seal Beach, California and (hereinafter referred to as "Licensee")
having an office and place of business in , California.
RECITALS
WHEREAS Licensor is the owner of certain valuable trademarks which it
has used and continues to use on goods including aircraft and
aircraft parts, models of aircraft, and a wide variety of other
items,
WHEREAS Licensor is the owner of certain drawings, technical
information and expertise, images, and/or artwork of interest to
Licensee and has advised and/or may in the future advise Licensee
regarding the application of Boeing trademarks, images, and artwork
to Licensee's products, and
WHEREAS Licensee desires to utilize certain of Licensor's trade
names, trademarks, drawings, technical information and expertise,
advice, images, and/or artwork upon and in connection with the
design, manufacture, sale, and distribution of Licensee's products as
hereinafter described;
AGREEMENTS
NOW THEREFORE, in consideration of the premises, benefits, and mutual
covenants herein contained, and other good and valuable
consideration, the parties hereby agree as follows:
1. GRANT OF LICENSE.
a. Trademarks. Subject to the terms and conditions hereinafter
set forth, Licensor hereby grants to Licensee, and Licensee hereby
accepts, a nonexclusive, nontransferable license to use the
trademarks listed in Attachment A to this Agreement and incorporated
herein by reference (hereinafter referred to as "Licensed Marks")
upon, and in connection with the packaging, distribution,
advertising, promotion, and sale of, Articles as hereinafter defined.
b. Other Intellectual Property. Subject to the terms and
conditions hereinafter set forth, Licensor hereby grants to Licensee,
and Licensee hereby accepts, a nonexclusive, nontransferable license
to use, for the sole purpose of assisting Licensee in the design,
manufacture, sale, and/or distribution of Articles under this
Agreement, any artwork, drawings, technical information, know-how,
and advice provided or otherwise made available to Licensee in
accordance with section 2. of this Agreement together with a
nonexclusive license under any copyrights and/or designs owned by
Licensor therein (hereinafter referred to as "Other Intellectual
Property").
c. Articles. The license hereby granted extends only (i) to the
use of Licensed Marks on products listed in the Approval Log referred
to in subsection 1.d. below (hereinafter called "Articles") and in
connection with the packaging, distribution, advertising, promotion,
and sale thereof and (ii) to the use of Other Intellectual Property
in connection with Articles.
d. Approval Log. The approval log (hereinafter referred to as
the "Approval Log") set forth as Attachment B to this Agreement and
incorporated herein by reference lists all of the Articles that have
been reviewed and approved by Licensor, and this Agreement will be
revised periodically by Licensor in writing to update Attachment B
and maintain a current Approval Log as additional Articles are
approved. Licensee will not sell, offer for sale, or in any way
distribute any Article not listed in the then-current Approval Log.
e. Territory. The territory of the license hereby granted is
worldwide.
f. Distribution Channels. In recognition of the need to focus
Licensee's sales efforts on those distribution channels for which
Licensee has, or is developing expertise, Licensee agrees to sell the
Articles only through the distribution channels indicated in
Attachment C to this Agreement.
Term. The term of this Agreement and the license hereby granted will
begin on the effective date hereinabove set forth and, except as
provided in section 7 – Cancellation, will remain in full force and
effect thereafter unless and until terminated by written notice from
either party to the other. Any notice of termination given pursuant
to this section 1g. will specify the effective date of the
termination, provided such date shall be not less than ninety (90)
days from the date of the termination notice.
Pricing. Nothing contained in this Agreement shall be deemed to
imply any restriction on Licensee's freedom or that of its customers
to set prices for the Articles as Licensee or its customers
reasonably deem advisable to maintain a competitive position in the
marketplace.
2. OTHER INTELLECTUAL PROPERTY.
Subject to the terms and conditions of this section, Licensor has
provided, and/or may from time to time and within Licensor's sole and
absolute discretion provide, to Licensee certain items of Other
Intellectual Property. All Other Intellectual Property will be used
by Licensee only in accordance with subsection 1.b. of this Agreement
or for such other purposes as may be specifically authorized by
Licensor in writing.
From time to time, Licensee may submit a request to obtain Other
Intellectual Property from Licensor. Upon receipt of such request,
Licensor will review and evaluate the request. At its sole and
absolute discretion, Licensor will respond to the request by either:
(i) providing an offer that contains (a) a description of the Other
Intellectual Property, (b) a fee (in addition to any royalty amounts
specified in section 4 – Royalties and Licensee Fees), (c) a delivery
schedule, and (d) any other applicable terms and conditions; or (ii)
advising Licensee of Licensor's denial of such request or inability
to provide such Other Intellectual Property.
All Other Intellectual Property, and any copies of such Other
Intellectual Property, are exclusively owned by and reserved to
Licensor. Licensee will preserve and protect all Other Intellectual
Property in confidence and will not use, copy, or disclose, nor
permit any of its personnel to use, copy, or disclose the same for
any purpose that is not specifically authorized under this
Agreement. The individual copies of all Other Intellectual Property
are provided to Licensee subject to copyrights therein, and all such
copyrights are retained by Licensor or, in some cases, by third
parties. Licensee is authorized to make copies of Other Intellectual
Property (except for such materials bearing copyright legend of a
third party), provided, however, Licensee preserves any restrictive
legends and proprietary notices on all copies.
As specified under this section and upon giving prior written notice
to Licensor, Licensee is authorized to provide and disclose Other
Intellectual Property to a third party that is appointed by Licensee
to perform work on or related to the design, manufacture, sale,
and/or distribution of Articles under this Agreement (hereinafter
referred to as "Contractor"). Before providing Other Intellectual
Property to a Contractor of Licensee, Licensee will obtain a written
agreement from Contractor (i) to use the Other Intellectual Property
only on behalf of Licensee, (ii) to be bound by all the restrictions
and limitations of this section, and (iii) that Licensor is an
intended third-party beneficiary under such agreement. Licensee
agrees to provide copies of all such written agreements to Licensor,
and to be liable to Licensor for any breach of those agreements by
Contractor. A form of agreement, acceptable to Licensor, is attached
as Attachment E.
Upon cancellation or termination of this Agreement, Licensee will not
use or cause to be used any Other Intellectual Property. Within ten
(10) days of written notice to Licensee by Licensor, and in
accordance with the direction received by Licensor, Licensee will
either (i) return all copies of the Other Intellectual Property
including partial copies or modifications to Licensor postage
prepaid, or (ii) certify to Licensor, by a duly authorized officer of
Licensee, that all copies of the Other Intellectual Property
including partial copies or modifications have been destroyed.
