Royalty Report: Food, Beverages, Celebrity – Collection: 28550

$150.00

Curated Royalty Rate Report
Category: Technology Licenses, Created On: 2022-04-28, Record Count: 9

Description

This collection of transactions and supporting information was developed using our AI algorithm to curate similar royalty reports into a cohesive collection to support your licensing, transfer pricing or other transaction scenarios where documented royalty rates and/or deal terms are important.
Category: Technology Licenses
Created On: 2022-04-28
Record Count: 9

Primary Industries

  • Food
  • Beverages
  • Celebrity
  • Packaging & Containers

IPSCIO Report Record List

Below you will find the records curated into this collection.  This summary includes the complete licensed property description so that you can review and determine if this collection covers the topics, technology or transaction type that is relevant for your needs.  The full report will include all relevant deal data such as the royalty base, agreement date, term description, royalty rates and other deal terms.  For reference, here is a sample of a full IPSCIO curated royalty rate report: Sample Report

IPSCIO Record ID: 28550

License Grant
Licensor hereby grants to Licensee an exclusive license in the Territories only, in order. Licensor has developed and may develop secret formulas, processes and other know how from which certain Products are produced and owns and possess certain rights in trademarks, trade names and/or logos, in connection with the Products or otherwise. Licensee shall have the exclusive right to manufacture, bottle, package, distribute, market, advertise, promote and sell the Products and use the Trademarks.
License Property
The term 'Products' shall mean any beverages, including but not limited to isotonic sports drinks (XCEL), Opti-Woman, and the concentrate(s) and other ingredients used to make such beverages as well as any promotional products of any nature whatsoever related to such beverages, which are manufactured, prepared, bottled, packaged, marketed, advertised, distributed, promoted and/or sold by Lecensee and which may be identified by means of the Trademark(s), including without limitation those described in Schedule 1(J) attached hereto, and shall include, without limitation, the beverages, the concentrates, the containers, carriers, cartons and labels with and in which such beverages are packaged, marketed or sold. It shall include all present and future Products.

The term 'Trademarks' shall mean those trademarks and the trade names, distinctive bottle and label designs, electronic and printed promotional and advertising materials and all other communications in whatever form used or to be used in connection with the manufacture, preparation, bottling, packaging, advertising, promotion, production, marketing, sale or distribution of the Products, including, without limitation, the trademarks, designs and trade names set forth in Schedule 1(J) currently owned by Licensor or hereafter acquired and/or developed by Licensor. Notwithstanding any other provisions of this Agreement, Licensor discloses, and Licensee acknowledges, that (i) there are currently pending certain challenges to, and/or issues with, the Xcel Trademark and (ii) that the Opti-Woman Trademark is still pending and may be subject to challenge. Licensor shall have the sole responsibility for obtaining the Opti-Woman Trademark and to defend the Xcel Trademark. If Licensor is not able to obtain the clear use for either Xcel or Opti-Woman then it shall so inform Licensee and Licensee shall immediately cease the use of said Trademarks, if such use is prohibited to Licensee or otherwise.

IPSCIO Record ID: 168970

License Grant
With this amendment the territory is now worldwide, and provisions are made for newly developed products.

Commencing January 1, 1998, Licensee may purchase soft drink concentrates or syrups for making Licensors soft drinks from any supplier New Products. In addition to all rights granted under the Prior Master Agreement and this letter agreement with regard to soft drinks, Licensee shall also be permitted to use the Licensors trademark, mark or other identifying means on any other product of any type, provided that such New Products comply with the quality standards.    Licensee agrees that all labels, containers, advertising and other promotional material of Licensee bearing the Licensors mark shall be in good taste and of good quality.  Owner shall not have approval rights with respect to any labels, containers, advertising or other promotional matter of Licensee and its sublicensees.

License Property
The Licensee shall own all formulae, rights to packaging and other rights with respect to soft drinks and New Products bearing the Licensors trademark Stewarts, other than ownership of the Stewarts trademark in the United States.
Field of Use
This agreement is for the beverage industry.

IPSCIO Record ID: 211916

License Grant
Licensor grants a limited license to use the recipes, formulae, Trademarks and Copyrights as specified by this Agreement within the Territory in connection with sale of the Products in all sales channels including convenience stores, club and grocery stores during the Term.
License Property
The Licensed Trademarks shall mean the Newmans Own U.S. Trademark, only as it pertain to lightly sparkling lemonades/fruit juice drink products in International Class 32 when used in the Territory in connection with the Product(s) together with other Trademarks, trade secrets and trade dress that either Party individually, possess for lightly sparkling lemonades/ fruit juice drink products now in existence or to be developed, manufactured or sold pursuant to this Agreement.

Licensee desires to obtain a limited license for the recipes, formulae, trademarks, copyrights, name and image of Paul Newman and N.O. in order to bottle and distribute said lightly sparkling, single-serve lemonades/fruit juice drink products in glass bottles for which it will pay a royalty to Paul Newman and Newmans Own.

Field of Use
The Product shall refer to each individual, single-serve Licensor glass bottle of lightly sparkling lemonades/ fruit juice drink products namely lemonade, orange mango, lemon lime, raspberry and black berry, to be manufactured, distributed, advertised and sold pursuant to this Agreement.

IPSCIO Record ID: 192

License Grant
The Licensor grants to Canadian Licensee an exclusive, worldwide License to manufacture and have manufactured, to market and have marketed, to sell and have sold, and to distribute the Licensed Technology and any Licensed Product in the territory, with right of assignment or sublicense for distribution with use of the Licensed Technology including, without limitation, spin labels for carbonated and non-carbonated beverage containers as well as spin labels for bottled water containers, through December 31, 2014.
License Property
Licensed Product means any product made, in whole or in part, marketed sold, or distributed by Licensee in any and all channels of distribution with use of the Licensed Technology including, without limitation, spin labels for carbonated and non-carbonated beverage containers as well as spin labels for bottled water containers.

Spinformation® is a licensing company specializing in rotating label technology with specific regard to the packaged goods industry. The rotating label adds 75% more labeling space to a container.

The rotating label is offered in a variety of label technologies such as Pressure Sensitive (PS), Cut & Stack, Roll Fed, Shrink Sleeve and Stretch Sleeve.

Intellectual Property

The unique technology of Spinformation® has been granted 12 United States Patents.

These patents cover every aspect of the labeling industry from Pressure Sensitive,  Roll Fed, Cut & Stack, Shrink and Stretch Sleeve Labels.

5,809,674; 5,884,421; 6,086,697; 6,129,802; 6,212,803; 6,237,269; 6,385,878; 6,402,872; 6,631,578; 6,649,007; 7,087,298; 7,172,668.

IPSCIO Record ID: 3776

License Grant
The Licensor hereby grants to the Licensee a royalty-bearing, non-transferable limited license to use the Licensed Property for the sole purpose of manufacturing, selling, and distributing the Products in the Licensed Channels in the Territory

The foregoing IP License will be exclusive to the Licensee in the Territory.

License Property
Licensor controls certain valuable trademarks, trade secrets and other intellectual property associated with the production and marketing of yerba maté ale products.

“Licensed Property” means (a) the “MATEVEZA” trademarks and all other current and future trademarks or service marks, slogans, logos, insignias, emblems, symbols, trade dress, label designs, copyrightable material and other proprietary identifying characteristics or content (whether or not registered) owned, used, or licensed by the Licensor or its Affiliates with respect to the Products, including, but not limited to, those marks set forth; (b) all Formulas, recipes, know-how, and other trade secrets associated with the Products including, but not limited to the Brewing Sheet; and (c) and including the goodwill associated with any and all of the foregoing.

Products” means the yerba maté ales that will be branded with and utilize the Licensed Property.

Field of Use
Under the terms of the arrangement, the Licensee has agreed to advance production costs and sell under a jointly-developed marketing plan.  In addition, the Licensee has agreed to maintain a minimum manufacturing capacity of 1,000 barrels per year, and has a right of first refusal with respect to any required capacity in excess of that amount.

IPSCIO Record ID: 27857

License Grant
The Licensee entered into an exclusive, manufacturing, marketing and distribution Agreement with a Delaware limited liability company and the Licensee under a product licensing Agreement.

Licensor hereby grants to Licensee during the term of the Agreement an exclusive license solely for the purpose of fulfilling License's duties hereunder (i) to use the intellectual property licensed from Playboy to manufacture, sell and distribute the Products in the Territory (ii) to use the trademarks licensed from Playboy for the Purpose; and (iii) to use the recipes, formulas, manufacturing specifications and know-how related to the Product for the Purpose. The intellectual property described in clauses (i), (ii) and (iii) of the preceding sentence is referred to as the Product Intellectual Property.

License Property
The initial Products consist of an energy drink (tentatively called Playboy Pure Energy Drink) and flavored or unflavored water beverage (tentatively called Playboy Water or Playboy H2O) (the Initial Products).

Under the terms of this Agreement, the Company is to provide the initial development and promotional services and is required to pay a royalty on the Company's product sales and manufacturing costs once Licensed product distribution commences.

Playboy is an American men's lifestyle and entertainment magazine.

Field of Use
The Agreement allows the Company to arrange for the manufacture, marketing and distribution of Playboy-Licensed energy drinks, flavored water beverages, and related merchandise through various distribution channels.

IPSCIO Record ID: 216566

License Grant
The Licensee entered into an exclusive perpetual licensing agreement with the Licensor.
The License provides the Licensee with worldwide rights to produce, distribute and sell the ALO Juice brand in the 'better for you” beverage field.
License Property
The Licensee will acquire the intellectual property (“IP”) (trade names, formulas, recipes) for ALO Juice.

Owners of the ALO Juice brand, produced from aloe vera.  ALO Juice is a NARTD functional beverage made from juice derived from the aloe plant known as aloe vera.  The aloe plants are processed in a unique whole leaf manner to ensure the nutritional and heath benefit are maintained from the plant all the way through to the bottling process.

The aloe juice is sold under the brand ALO Juice.

Field of Use
The Licensee is engaged in the production and distribution of premium Non-Alcoholic Ready-to-Drink beverages.

IPSCIO Record ID: 319165

License Grant
Non-exclusive Grant by Licensor of Rights Regarding Evaluation of Enhancing Compounds  
     In Field I – Licensor hereby grants to Licensee a perpetual, nontransferable, non-exclusive, worldwide license under the Target IP to use Enhancing Compound(s) for evaluation in Field I.
     In Field II – Licensor hereby grants to Licensee a perpetual, nontransferable, non-exclusive, worldwide license under the Target IP to use Enhancing Compound(s) solely for evaluation in Field II.
    
Non-exclusive Grant by Licensor of Rights to Make and Have Made Selected Compounds
     Licensor hereby grants Licensee a perpetual, nontransferable, non-exclusive, worldwide license under the Target IP to make and have made Selected Compounds for use by Licensee and its Affiliates in Beverages and Beverage Bases in the Fields.
      
Non-Exclusive Grant of Rights by Licensor to Make, Have Made, Use and Sell Beverages and Beverage Bases with Selected Compound
     Licensor hereby grants to Licensee a perpetual, nontransferable, non-exclusive worldwide license under Target IP to make, have made, use and sell, Beverages and Beverage Bases that incorporate Selected Compounds in Field I.
    
Exclusive Grant of Rights by Licensor Regarding Selected Compounds and Beverages and Beverage Bases that Incorporate Selected Compounds
    Licensor hereby grants to Licensee a perpetual, nontransferable exclusive worldwide license under Target IP to make, have made, use and sell Beverages and Beverage Bases that incorporate Selected Compounds in Field I.
The license will include the right to sublicense the use and sale of Product Compounds to be embodied in a Competitive Product in Field I. The license will include the right to sublicense the use and sale of one Selected Compound (that is not a Product Compound) to be embodied in a Competitive Product in Field I, with the prior written consent of Licensor which will not be unreasonably withheld.

Co-Exclusive Grant of Rights by Licensor Regarding Selected Compounds and Powdered Beverage Bases incorporating Selected Compounds
    Licensor hereby grants to Licensee a perpetual, nontransferable co-exclusive, (only one other licensee) with respect to one other Third Party, worldwide license under Target IP to make, have made, use and sell powdered Beverage Bases incorporating Selected Compounds in Field II.

License Property
Compound means a substance that enhances the sweetness intensity of a sweetener.

Enhancing Compound(s) means a molecule (not including Licensee Compound) under the Control of Licensor that (i) has an enhancing effect on the sweetness of a sweetener at a concentration of no more than one part per million , and (ii) is not sweet when tasted at a concentration of  one part per million in the absence of a commercially available sweetener.

Selected Compound(s) means the Steering Committee will determine if an Enhancing Compounds in such Data Package will be selected for development under the Development Plan.

Product Compounds means Selected Compounds used by Licensee in Beverages or Beverage Bases.

Beverages means non-alcoholic beverages sold under the Trademarks of Licensee or its Affiliates made from Beverage Bases.

Beverage Base means concentrated flavor combinations made and sold by Licensee.

Target IP means the Licensor Patent Rights and Licensor Know-How on the composition of matter and use of (i) Enhancing Compounds, (ii) Selected Compounds and (iii) Beverages and Beverages incorporating Product Compounds.

Competitive Product means a product in Field I sold by a Licensee competitor.

Licensor develops novel flavor ingredients for the food, beverage, and ingredient supply industries.
The Licensor’s flavor programs are focused on creating new ingredients that enhance sweet, savory, salty, and cooling tastes, as well as ingredients that reduce bitter taste.  Licensor conducts research in the field of chemosensation, an objective of which is to study potential biological targets and develop assays for use in the discovery of compounds that will ultimately be commercialized as taste and olfaction products.

Field of Use
Field I means all non-alcoholic beverages with the exception of dry powdered beverages.
Field II means non-alcoholic dry powdered beverages.

Licensee creates beverages using cutting-edge excellence in ingredients, innovation, design and marketing.

IPSCIO Record ID: 367336

License Grant
With respect to the Synthetic Enhancing Compound Program and the Natural Enhancing Compound Program, subject to the terms and conditions of this Agreement, Licensor hereby grants to Licensee and its Affiliates a nontransferable, non-exclusive, non-sublicensable worldwide license during the applicable Collaborative R & D Period under the Target IP to use Compounds and Enhancing Compounds that Licensor delivers, in the Steering Committee’s reasonable discretion and taking into consideration the applicable Licensee Criteria, to Licensee in the course of the applicable Collaborative R&D Program.  Such Compounds and Enhancing Compounds may only be used for the intended purpose of evaluating the sweetness effect on enhancing a Target Sweetener in the Field.

With respect to the Natural Sweetener Compound Program, subject to the terms and conditions of this Agreement, Licensor hereby grants to Licensee and its Affiliates a nontransferable, non-exclusive, non-sublicensable worldwide license during the Collaborative R & D Period for the Natural Sweetener Compound Program under the Target IP to use Natural Sweetener Compounds that Licensor delivers, in the Steering Committee’s reasonable discretion taking into consideration the applicable Licensee Criteria, to Licensee in the course of the Collaborative R&D Program.  Such Natural Sweetener Compounds may only be used for the intended purpose of evaluating the effect as a sweetener in the Field.

Licensor hereby grants to Licensee and its Affiliates a nontransferable, non-exclusive, non-sublicensable (except as provided in Section 9.6 below), worldwide license under the Target IP for each Selected Compound during the applicable Commercialization Period, to make, have made (including authorizing third parties to manufacture for them), import, use and sell Selected Enhancing Compounds or Selected Natural Sweetener Compounds, as the case may be, for incorporation into Products solely for their respective Intended Purpose in the Field.  

Licensor hereby grants to Licensee and its Affiliates a nontransferable, Exclusive (except to the extent otherwise converted to non-exclusive as specifically contemplated by this Agreement), non-sublicensable, worldwide license under the Target IP for each Selected Compound  to make, have made (including authorizing third parties to manufacture for them), import, use and sell Beverages and Beverage Bases that incorporate the applicable Selected Enhancing Compound or Selected Natural Sweetener Compound, as the case may be, solely for their respective Intended Purpose in the Exclusive Product Categories.

Licensor hereby grants to Licensee and its Affiliates a nontransferable, Co-Exclusive, non-sublicensable, worldwide license under the Target IP for each Selected Compound to make, have made (including authorizing third parties to manufacture for them), import, use and sell dry powdered Beverages incorporating the applicable Selected Enhancing Compound or Selected Natural Sweetener Compound, as the case may be, solely for their respective Intended Purpose in the Co-Exclusive Product Category.

License Property
Target Sweetener(s) means sucrose, fructose and high fructose corn syrup (HFCS).

Compound(s) means (i) a substance(s) that enhances the sweetness intensity of a sweetener, or (ii) a Natural Compound that is a sweetener.

Enhancing Compound(s) means Natural Enhancing Compound(s) and/or Synthetic Enhancing Compound(s).

Natural Sweetener Compound(s) means a Natural Compound(s) under the Control of Licensor that (a) is a sweetener and is not an Enhancing Compound, or (b) is a Natural Ago-Enhancing Compound , in either case where such Natural Compound(s) meets the desired criteria set forth by the Steering Committee and incorporated into the minutes of the applicable Steering Committee.

Selected Natural Sweetener Compound(s) means a Selected Compound(s) that is a Natural Sweetener Compound(s). Selected Natural Enhancing Compound(s) means a Selected Compound(s) that is a Natural Enhancing Compound(s).

Exclusive Product Categories means all non-alcoholic beverage product categories including liquid and frozen concentrates, but excluding the Co-Exclusive Product Category. For the avoidance of doubt, the Exclusive Product Categories do not include any Therapeutics, or other products which are not non-alcoholic beverages such as table  top or bulk packaged sweetener/enhancers, liquid coffee creamers (whether diary or nondairy) or semi-liquid products, such as drinkable, spoonable or squeezable yogurt.

Co-Exclusive Product Category means all dry-powdered non-alcoholic beverages. For the avoidance of doubt, the Co-Excusive Product Category does not include any Therapeutics or other products which are not non-alcoholic beverages such as table top or bulk packaged sweeteners/enhancers, powdered coffee creamers (whether dairy or non-dairy) or semi-liquid products, such as drinkable, spoonable or squeezable yogurt.

Target IP means the Licensor Patent Rights and Licensor Know-How claiming or covering the composition of matter, use and methods of making (i) Collaboration Compounds, (ii) Selected Compounds and (iii) Products incorporating Selected Compounds.

Field of Use
This collaborative research, development, commercialization and license agreement is in order to develop sweetness enhancers and natural high-intensity sweeteners for new Licensee's products.

Field of use is for Beverages.

Beverages means non-alcoholic beverages sold under the trademark(s) of Licensee or its Affiliates (including, without limitation, Licensees 50% partnerships for Lipton and Starbucks beverages) packaged and sold for use or consumption by an end user, whether in a ready-to-drink format, or as a dry-powdered, liquid or frozen concentrate.

Field means the Exclusive Product Categories and the Co-Exclusive Product Category.

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