Character trademark collection with emphasis on: Beverage

Posted by Reinaldo Massengill on Tuesday, May 7, 2024
Character trademark collection with emphasis on: Beverage - Nutritious or Water

Character trademark collection with emphasis on: Beverage - Nutritious or Water

Category: Character

SubCategory: Beverage - Nutritious or Water

Created On: 2021-01-27

Record Count: 4

Primary IndustriesFood, Media & Entertainment, Beverages, Entertainment & Recreation, Character
DISNEY CONSUMER PRODUCTS, INC. transaction with TRUE DRINKS HOLDINGS, INC.
MARVEL CHARACTERS B.V. transaction with TRUE DRINKS HOLDINGS, INC.
DISNEY CONSUMER PRODUCTS INC transaction with TRUE DRINKS HOLDINGS, INC.
DISNEY CONSUMER PRODUCTS, INC. transaction with TRUE DRINKS HOLDINGS, INC.

DISNEY CONSUMER PRODUCTS, INC. transaction with TRUE DRINKS HOLDINGS, INC.

Licensed Products: Flavored/functional waters, as approved in writing in advance by the Licensor.

Food, Media & Entertainment, Beverages, Entertainment & Recreation, Character
Royalty basesales
Transaction typeLicense
Geographical areaAmericas
Geographical descriptionTerritory: The United States, United States military bases wherever located, and United States territories and possessions, including Puerto Rico.
Patent
Proprietary technology
Trademark
Software
Intangible
Distribution
Copyright
Clinical trial
LicensorDISNEY CONSUMER PRODUCTS, INC.
LicenseeTRUE DRINKS HOLDINGS, INC.
Licensee AKABAZI INTERNATIONAL, INC.; INSTANET INC; VITACUBE SYSTEMS HOLDINGS INC; XELR8 HOLDINGS, INC.
Royalty rate (low)5
Royalty rate (high)11
TermEffective Date of Term: April 1, 2015 End Date of Term: March 31, 2017.
Agreement date descriptionLicense Agreement dated April 1, 2015.
SourceForm 8-K
Source dateSep 8 2015
Detail sourceTRUE DRINKS HOLDINGS, INC.
Source URLhttps://www.sec.gov/Archives/edgar/data/0001134765/000141588915003009/ex10-1.htm

License Grant

The Licensor grants to Licensee a non-exclusive, non-transferable license, during the Term and at Licensee’s sole expense, to design, develop, source and manufacture Licensed Products and Packaging Materials in any Permitted Sourcing Country and offer for sale, distribute and sell Licensed Products to Authorized Customers in the Territory.

License Property

Licensed Material means Creative Works, Trademarks and Licensor Design Elements. Creative Works means depictions of characters and such accompanying designs and artwork, as may be designated by the Licensor from the Properties specified.

Characters from the animated motion picture BIG HERO 6
Characters from the animated television series CAPTAIN JAKE AND THE NEVER LAND PIRATES (formerly known as JAKE AND THE NEVER LAND PIRATES), but only such characters and depictions of such characters, and accompanying artwork, designs, and/or other elements, as may be designated by Disney in a Style Guide(s) or otherwise.

Jake and the Never Land Pirates (also known as Captain Jake and the Never Land Pirates in the fourth season and associated merchandise) is an Annie Award-winning musical and interactive animated television series shown on Disney Junior.

Field of Use

Licensed Products: Flavored/functional waters, as approved in writing in advance by the Licensor.

Licensee agrees to actively market and sell Licensed Products and exercise the rights granted to it under a License Agreement.

Royalty rate description

Royalty Rate(s):

1.   Landed/In Sales:    Five percent

2.   FOB/Out Sales:    Seven percent

3.   FOB/Out Sales through Wholesalers:  An additional four percent shall be added to the Royalty Rates for all FOB/Out Sales through Wholesalers, if authorized.

MARVEL CHARACTERS B.V. transaction with TRUE DRINKS HOLDINGS, INC.

The rights granted apply to the beverage industry.

Food, Media & Entertainment, Beverages, Entertainment & Recreation, Character
Royalty basesales
Transaction typeLicense
Patent
Proprietary technology
Trademark
Software
Intangible
Distribution
Copyright
Clinical trial
LicensorMARVEL CHARACTERS B.V.
LicenseeTRUE DRINKS HOLDINGS, INC.
Licensee AKABAZI INTERNATIONAL, INC.; INSTANET INC; VITACUBE SYSTEMS HOLDINGS INC; XELR8 HOLDINGS, INC.
Royalty rate (low)5
Royalty rate (high)5
TermThe Licensee entered into an 18-month Licensing Agreement with the Licensor. December 31, 2013.
Agreement date descriptionThis agreement dated June 2012.
SourceForm 10-K
Source dateApr 5 2013
Detail sourceMARVEL CHARACTERS
Source URLhttps://www.sec.gov/Archives/edgar/data/0001134765/000141588913000648/bazi10kdec312012.htm

License Grant

The Licensing Agreement allows the Licensee to feature popular characters on AquaBallTM Naturally Flavored Water, allowing AquaBallTM to stand out among other beverages marketed towards children.

License Property

AquaBall™ bottles will continue to be sold featuring Marvel's Avengers Assemble characters, including Iron Man, Hulk, Captain America and Thor.

Under the terms and conditions of the Licensing Agreement, the Licensee works with the Licensor team to create colorful, eye-catching labels that surround the entire spherical shape of each AquaBallTM.  

Once the label designs are approved, the Licensee works with  the Licensor to set retail calendars, rotating the placement of different AquaBallTM designs over the course of the year.

Field of Use

The rights granted apply to the beverage industry.

Royalty rate description

The terms of the Marvel Licensing Agreement stipulates a royalty rate of 5% on the sales of AquaBall Naturally Flavored Water adorned with Marvel characters, paid quarterly, with a total royalty guarantee of $150,000 over the term of the agreement which has a term ending date of December 31, 2013.

DISNEY CONSUMER PRODUCTS INC transaction with TRUE DRINKS HOLDINGS, INC.

Under the terms and conditions of the Licensing Agreements, the Licensee works with the Licensor team to create colorful, eye-c...

Food, Media & Entertainment, Beverages, Entertainment & Recreation, Character
Royalty basesales
Transaction typeLicense
Patent
Proprietary technology
Trademark
Software
Intangible
Distribution
Copyright
Clinical trial
LicensorDISNEY CONSUMER PRODUCTS INC
LicenseeTRUE DRINKS HOLDINGS, INC.
Licensee AKABAZI INTERNATIONAL, INC.; INSTANET INC; VITACUBE SYSTEMS HOLDINGS INC; XELR8 HOLDINGS, INC.
Royalty rate (low)4
Royalty rate (high)4
TermThe agreement which has a term ending date of March 31, 2015.
Agreement date descriptionThis agreement dated March 31,2012.
SourceForm 10-K
Source dateApr 5 2013
Detail sourceTRUE DRINKS HOLDINGS, INC.
Source URLhttps://www.sec.gov/Archives/edgar/data/0001134765/000141588913000648/bazi10kdec312012.htm

License Grant

The Licensee entered into a three-year licensing agreement with the Licensor.

License Property

The Licensing Agreement allows us to feature popular Disney characters on AquaBallTM Naturally Flavored Water, allowing AquaBallTM to stand out among other beverages marketed towards children.

Field of Use

Under the terms and conditions of the Licensing Agreements, the Licensee works with the Licensor team to create colorful, eye-catching labels that surround the entire spherical shape of each AquaBallTM.  Once the label designs are approved, Licensee works with Licensor to set retail calendars, rotating the placement of different AquaBallTM designs over the course of the year.

Royalty rate description

The terms of the Disney Licensing Agreement stipulates a royalty rate of 4% on the sales of AquaBall Naturally Flavored Water adorned with Disney characters, paid quarterly, with a total royalty guarantee of $231,600 over the term of the agreement which has a term ending date of March 31, 2015.

In addition, the Licensee is required to spend 1% of sales on advertising and promotional opportunities.

The Licensee is required to make common marketing fund contributions totaling $96,188 over the life of the agreement.

DISNEY CONSUMER PRODUCTS, INC. transaction with TRUE DRINKS HOLDINGS, INC.

The Licensee works with the Licensor team to create colorful, eye-catching labels for beverages.  Once the label designs are ap...

Food, Beverages
Royalty basesales
Transaction typeLicense
Patent
Proprietary technology
Trademark
Software
Intangible
Distribution
Copyright
Clinical trial
LicensorDISNEY CONSUMER PRODUCTS, INC.
LicenseeTRUE DRINKS HOLDINGS, INC.
Royalty rate (low)5
Royalty rate (high)5
TermThis agreement extends the expiration through March 31, 2019.
Agreement date descriptionThis renewed licensing agreement is effective as of April 1, 2017, extending the agreement first entered into in 2012.
SourceForm 10-Q
Source dateMay 15 2017
Detail sourceTrue Drinks Holdings, Inc.
Source URLhttps://www.sec.gov/Archives/edgar/data/1134765/000165495417004777/truu10q_mar312017.htm

License Grant

With the original agreement, the Licensee entered into a three-year licensing agreement with the Licensor. The Licensing Agreement allows the feature popular characters on Licensees Flavored Water.

License Property

The Licensor owns the rights to the characters.

Field of Use

The Licensee works with the Licensor team to create colorful, eye-catching labels for beverages.  Once the label designs are approved, Licensee works with Licensor to set retail calendars, rotating the placement of different designs over the course of the year.

Royalty rate description

The Company will continue to pay Disney a royalty rate of 5% on sales of AquaBall® Naturally Flavored Water adorned with Disney characters on a quarterly basis.

In addition, the Company will continue to make a common marketing fund contribution equal to 1% of sales due annually during the term covered by the Disney Agreement.

Disclaimer: The information gathered from RoyaltySource® database was sourced from the U.S. Securities and Exchange Commission EDGAR Filings and other public records. While we believe the sources to be reliable, this does not guarantee the accuracy or completeness of the information provided. Further, the information is supplied as general guidance and is not intended to represent or be a substitute for a detailed analysis or professional judgment. This information is for private use only and may not be resold or reproduced without permission.

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