In 1995, Interstate Bakeries Corporation announced the acquisition of Continental Baking Company, owner of the Wonder Bread and Hostess brands. Following an antitrust action by the U.S. Department of Justice, Interstate sold its bakery plants and Sunbeam Bread Butternut Bread assets to Lewis Brothers Bakeries. With respect to the sale, Interstate and Lewis entered into a licensing agreement that granted Lewis an exclusive indefinite, no-fee, transferable and transferable licence for the Butternut and Sunbeam brands located in a demarcated area. The application of these principles, the Asset Purchase Agreement and the License Agreement should be considered a contract. On December 28, 1996, IBC and LBB simultaneously concluded the Asset Purchase Agreement and the License Agreement. The Asset Purchase Agreement lists the license as an asset sold to LBB after its sale. It orders the parties to enter into the license agreement „u]pon the terms and conditions of the [Asset Purchase Agreement]. These two documents, reminiscent of the agreements, define the „complete agreement“ as the two agreements. The definition of the Asset Purchase Agreement includes „exhibitions and schedules for this purpose,“ and a model for the licensing agreement is included as an exposure to the Asset Purchase Agreement…. The processing of the licence agreement as a separate agreement would be contrary to the plain language of the Asset Purchase Agreement and the licensing agreement, which both describe as a exhibit, and would ignore the valuable consideration paid for the licence. At the heart of the agreement here was the sale of IBC`s Butternut-Brot and sunbeam-Brot division in certain areas, not just the licensing of the IBC brand. The agreement called on LBB to pay $20 million for CBI`s assets.

The parties provided $11.88 million for tangible assets such as tangible assets, machinery and equipment, computers and computer software, vehicles, office equipment and inventories. They provided an additional $8.12 million for intangible assets, including the licence. IBC transferred all property and equipment and inventories to LBB, executed the licensing agreement and received the full purchase price of US$20 million from LBB. Copyright licensing agreements are often used for consumer goods, as are brand licenses. They are also used for distribution, for example. B with musical works or films. In 1996, during the settlement of an action in respect of cartels and abuse of dominance brought by the Ministry of Justice, interstate Bakeries Corporation (IBC) had to separate itself from certain Bread assets (land, buildings, equipment, equipment, vehicles, customer lists, etc.) and labels that included „all legal rights relating to trademarks, trade names, copyrights , to a brand`s designs and products.“ Not all members of the panel of the eight finals agreed that the interstate could be distinguished from Exide.

Categories: Allgemein