AMENDED AND RESTATED TRADEMARK SECURITY AGREEMENT
Exhibit 99.6
AMENDED AND RESTATED TRADEMARK SECURITY AGREEMENT
THIS AMENDED AND RESTATED TRADEMARK SECURITY AGREEMENT, dated as of June 20, 2006 (together with
all amendments, if any from time to time hereto, this “Trademark Security Agreement”) by and among
Golfsmith International, Inc., Golfsmith International Holdings, Inc., Golfsmith GP Holdings, Inc.,
Golfsmith Holdings, L.P., Golfsmith International, L.P. (“L.P.”), Golfsmith GP, L.L.C., Golfsmith
Delaware, L.L.C., Golfsmith Canada, L.L.C., Golfsmith Europe, L.L.C., Golfsmith USA, L.L.C.
(“USA”), Xxx Xxxxxxxx Golf Shop (“Xxx Xxxxxxxx”), Golfsmith NU, L.L.C. (“NU”) and Golfsmith
Licensing, L.L.C., (referred to herein individually as “Grantor” and collectively as “Grantors"),
and GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation, in its capacity as Agent (in such
capacity, “Agent”) for itself and Lenders from time to time party to the Credit Agreement defined
below (“Lenders”).
WHEREAS:
(A) | WHEREAS, pursuant to that certain Amended and Restated Credit Agreement dated as of the date hereof by and among Golfsmith International, Inc., Golfsmith International Holdings, Inc., Golfsmith GP Holdings, Inc., Golfsmith Holdings, L.P., Golfsmith International, L.P. (“L.P.”), Golfsmith GP, L.L.C., Golfsmith Delaware, L.L.C., Golfsmith Canada, L.L.C., Golfsmith Europe, L.L.C., Golfsmith USA, L.L.C. (“USA”), Xxx Xxxxxxxx Golf Shop (“Xxx Xxxxxxxx”), Golfsmith NU, L.L.C. (“NU”), and Golfsmith Licensing, L.L.C., each as a Credit Party (with L.P., NU and USA, Xxx Xxxxxxxx as Borrowers), Agent and Lenders (including all annexes, exhibits and schedules thereto, and as from time to time amended, restated, supplemented or otherwise modified, the “Credit Agreement”) the Lenders have agreed to amend and restate the Existing Credit Agreement and to maintain and make available to Borrowers, upon terms and conditions thereof, the Revolving Loans and Letters of Credit provided for in the Credit Agreement; | |
(B) | Borrowers wish to borrow certain Loans and cause certain Letters of Credit to be issued (as such terms are defined in the Credit Agreement); | |
(C) | Agent and Lenders are willing to make the Loans to be made by Lenders as provided for in the Credit Agreement, but only upon the condition, among others, that each Grantor shall have agreed to amend and restate in its entirety the Security Agreement, dated as of October 15, 2002, previously entered into in connection with the Existing Credit Agreement (as amended, modified and supplemented to date, the “Existing Security Agreement” and as so amended and restated, the “Security Agreement”), and to continue the effectiveness of the Existing Security Agreement as and to the extent set forth in this Trademark Security Agreement by and between Grantors and Agent; and | |
(D) | Pursuant to the Security Agreement, each Grantor is required to amend and restate in its entirety the Trademark Security Agreement previously entered into in connection with the Existing Credit Agreement (as amended, modified and supplemented to date, the “Existing Trademark Security Agreement”), and to continue the effectiveness of the Existing Trademark Security Agreement as and to the extent set forth in this Trademark Security Agreement. |
NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained and for
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, each Grantor hereby agrees as follows:
1. | DEFINED TERMS | |
All capitalized terms used but not otherwise defined herein have the meanings given to them in the Credit Agreement and Annex A thereto. | ||
2. | GRANT OF SECURITY INTEREST IN TRADEMARK COLLATERAL | |
To secure the payment of the Obligations and all present and future obligations of each Grantor (all such Obligations and other secured obligations, the “Secured Obligations"), each Grantor hereby grants to Agent and confirms its prior grant to Agent, on behalf of itself and Lenders, a continuing security interest in all of such Grantor’s right, title and interest in, to and under the following, whether presently existing or hereafter created or acquired (collectively, the “Trademark Collateral”): |
(a) | all of its Trademarks and Trademark Licenses to which any Grantor is a party including those referred to on Schedule I; | ||
(b) | all reissues, continuations or extensions of the foregoing; | ||
(c) | all goodwill of the business connected with the use of, and symbolized by, each Trademark and each Trademark License; and | ||
(d) | all products and proceeds of the foregoing, including, without limitation, any claim by any Grantor against third parties for past, present or future (i) infringement or dilution of any Trademark or Trademark licensed under any Trademark License or (ii) injury to the goodwill associated with any Trademark or any Trademark licensed under any Trademark License. |
3. | SECURITY AGREEMENT | |
The security interests granted pursuant to this Trademark Security Agreement are granted in conjunction with the security interests granted to Agent, on behalf of itself and Lenders, pursuant to the Security Agreement. Each Grantor hereby acknowledges and affirms that the rights and remedies of Agent with respect to the security interest in the Trademark Collateral made and granted hereby are more fully set forth in the Security Agreement, the terms and provisions of which are incorporated by reference herein as if fully set forth herein. | ||
4. | AMENDMENT AND RESTATEMENT; REAFFIRMATION OF CONTINUING SECURITY. | |
This Trademark Security Agreement amends and restates in its entirety the Existing Trademark Security Agreement. Without limiting the generality of the immediately preceding sentence, the Liens granted under the Existing Trademark Security Agreement, as so amended and restated as set forth in this Trademark Security Agreement, shall in all respects be and remain continuing, securing the payment of all of the Obligations. The Grantors acknowledge the execution and delivery of the Credit Agreement on the date hereof and hereby reaffirm the security interests and |
2
Liens granted to Agent for its benefit and the ratable benefit of the Lenders pursuant to the Existing Trademark Security Agreement as so amended and restated herein. | ||
5. | TERMINATION OF THIS TRADEMARK SECURITY AGREEMENT |
This Trademark Security Agreement shall terminate upon the payment and performance in full of the
Obligations (other than Unasserted Contingent Obligations), on the Termination Date, as defined in
the Credit Agreement.
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IN WITNESS WHEREOF, each Grantor has caused this Trademark Security Agreement to be executed and
delivered by its duly authorized officer as of the date first set forth above.
GOLFSMITH INTERNATIONAL, L.P. | ||||||
By Golfsmith GP, L.L.C., as General Partner | ||||||
By | s/ Xxxxxxxx Xxxxx | |||||
Name: Xxxxxxxx Xxxxx | ||||||
Title: Treasurer | ||||||
GOLFSMITH NU, L.L.C. | ||||||
By | s/ Xxxxxxxx Xxxxx | |||||
Name: Xxxxxxxx Xxxxx | ||||||
Title: Treasurer | ||||||
GOLFSMITH USA, L.L.C. | ||||||
By | s/ Xxxxxxxx Xxxxx | |||||
Name: Xxxxxxxx Xxxxx | ||||||
Title: Treasurer | ||||||
XXX XXXXXXXX GOLF SHOP | ||||||
By | : s/ Xxxxxxxx Xxxxx | |||||
Name: Xxxxxxxx Xxxxx | ||||||
Title: Treasurer | ||||||
GOLFSMITH INTERNATIONAL, INC. | ||||||
By | s/ Xxxxxxxx Xxxxx | |||||
Name: Xxxxxxxx Xxxxx | ||||||
Title: Treasurer, CFO & Senior Vice-President |
SIGNATURE PAGE TO GOLFSMITH TRADEMARK SECURITY AGREEMENT
GOLFSMITH INTERNATIONAL HOLDINGS, INC. | ||||||
By | s/ Xxxxxxxx Xxxxx | |||||
Name: Xxxxxxxx Xxxxx | ||||||
Title: Treasurer, CFO & Senior Vice-President | ||||||
GOLFSMITH GP HOLDINGS, INC. | ||||||
By | s/ Xxxxxxxx Xxxxx | |||||
Name: Xxxxxxxx Xxxxx Title: Treasurer |
||||||
GOLFSMITH HOLDINGS, L.P. | ||||||
By Golfsmith GP Holdings, Inc., as General Partner | ||||||
By | s/ Xxxxxxxx Xxxxx | |||||
Name: Xxxxxxxx Xxxxx | ||||||
Title: Treasurer | ||||||
GOLFSMITH GP, L.L.C. | ||||||
By | s/ Xxxxxxxx Xxxxx | |||||
Name: Xxxxxxxx Xxxxx | ||||||
Title: Treasurer | ||||||
GOLFSMITH DELAWARE, L.L.C. | ||||||
By | s/ Xxxxxxxx Xxxxx | |||||
Name: Xxxxxxxx Xxxxx | ||||||
Title: Treasurer | ||||||
GOLFSMITH CANADA, L.L.C. | ||||||
By | s/ Xxxxxxxx Xxxxx | |||||
Name: Xxxxxxxx Xxxxx | ||||||
Title: Treasurer |
SIGNATURE PAGE TO GOLFSMITH TRADEMARK SECURITY AGREEMENT
GOLFSMITH EUROPE, L.L.C. | ||||||
By | s/ Xxxxxxxx Xxxxx | |||||
Name: Xxxxxxxx Xxxxx | ||||||
Title: Treasurer | ||||||
GOLFSMITH LICENSING, L.L.C. | ||||||
By | s/ Xxxxxxxx Xxxxx | |||||
Name: Xxxxxxxx Xxxxx | ||||||
Title: Treasurer |
SIGNATURE PAGE TO GOLFSMITH TRADEMARK SECURITY AGREEMENT
ACCEPTED AND ACKNOWLEDGED BY:
GENERAL
ELECTRIC CAPITAL CORPORATION,
as Agent
as Agent
By:
|
s/ Xxxxxx Xxxxxxxx | |||
Name: Xxxxxx Xxxxxxxx | ||||
Title: Authorized Signatory |
SIGNATURE PAGE TO GOLFSMITH TRADEMARK SECURITY AGREEMENT
ACKNOWLEDGMENT OF GRANTOR
STATE OF NEW YORK
|
) | |||||
) | ss. | |||||
COUNTY OF NEW YORK
|
) |
On this 19 day of June, 2006 before me personally appeared Xxxxxxxx
Xxxxx, proved to me on the basis of satisfactory evidence to be the person who
executed the foregoing instrument on behalf of Golfsmith International, Inc., who being by me duly
sworn did depose and say that he/she is an authorized officer of said corporation, that the said
instrument was signed on behalf of said corporation as authorized by its Board of Directors and
that he/she acknowledged said instrument to be the free act and deed of said corporation.
s/ Xxxxxxxx Xxxxx | ||
Notary |
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ACKNOWLEDGMENT OF GRANTOR
STATE OF NEW YORK
|
) | |||||||
) | ss. | |||||||
COUNTY OF NEW YORK
|
) |
On this 19 day of June, 2006 before me personally appeared Xxxxxxxx
Xxxxx, proved to me on the basis of satisfactory evidence to be the person who
executed the foregoing instrument on behalf of Golfsmith International Holdings, Inc., who being by
me duly sworn did depose and say that he/she is an authorized officer of said corporation, that the
said instrument was signed on behalf of said corporation as authorized by its Board of Directors
and that he/she acknowledged said instrument to be the free act and deed of said corporation.
s/ Xxxxxxxx Xxxxx
Notary
Notary
9
ACKNOWLEDGMENT OF GRANTOR
STATE OF NEW YORK
|
) | |||||
) | ss. | |||||
COUNTY OF NEW YORK
|
) |
On this 19 day of June, 2006 before me personally appeared Xxxxxxxx
Xxxxx, proved to me on the basis of satisfactory evidence to be the person who
executed the foregoing instrument on behalf of Golfsmith GP Holdings, Inc., who being by
me duly sworn did depose and say that he/she is an authorized officer of said corporation, that the
said instrument was signed on behalf of said corporation as authorized by its Board of Directors
and that he/she acknowledged said instrument to be the free act and deed of said corporation.
s/ Xxxxxxxx Xxxxx | ||
Notary |
10
ACKNOWLEDGMENT OF GRANTOR
STATE OF NEW YORK
|
) | |||||
) | ss. | |||||
COUNTY OF NEW YORK
|
) |
On this 19 day of June, 2006 before me personally appeared Xxxxxxxx
Xxxxx, proved to me on the basis of satisfactory evidence to be the person who
executed the foregoing instrument on behalf of Golfsmith International L.P., who being by me duly
sworn did depose and say that he/she is an authorized officer of said corporation, that the said
instrument was signed on behalf of said corporation as authorized by its Board of Directors and
that he/she acknowledged said instrument to be the free act and deed of said corporation.
s/ Xxxxxxxx Xxxxx | ||
Notary |
11
ACKNOWLEDGMENT OF GRANTOR
STATE OF NEW YORK |
) | |
) ss. | ||
COUNTY OF NEW YORK |
) |
On this 19 day of June, 2006 before me personally appeared Xxxxxxxx Xxxxx, proved to me on the
basis of satisfactory evidence to be the person who executed the foregoing instrument on behalf of
Golfsmith NU, L.L.C. who being by me duly sworn did depose and say that he/she is an authorized
officer of said corporation, that the said instrument was signed on behalf of said corporation as
authorized by its Board of Directors and that he/she acknowledged said instrument to be the free
act and deed of said corporation.
s/ Xxxxxxxx Xxxxx
Notary
12
ACKNOWLEDGMENT OF GRANTOR
STATE OF NEW YORK |
) | |
) ss. | ||
COUNTY OF NEW YORK |
) |
On this 19 day of June, 2006 before me personally appeared Xxxxxxxx Xxxxx, proved to me on the
basis of satisfactory evidence to be the person who executed the foregoing instrument on behalf of
Golfsmith USA, L.L.C., who being by me duly sworn did depose and say that he/she is an authorized
officer of said corporation, that the said instrument was signed on behalf of said corporation as
authorized by its Board of Directors and that he/she acknowledged said instrument to be the free
act and deed of said corporation.
s/ Xxxxxxxx Xxxxx
Notary
13
ACKNOWLEDGMENT OF GRANTOR
STATE OF NEW YORK |
) | |
) ss. | ||
COUNTY OF NEW YORK |
) |
On this 19 day of June, 2006 before me personally appeared Xxxxxxxx Xxxxx, proved to me on the
basis of satisfactory evidence to be the person who executed the foregoing instrument on behalf of
Xxx Xxxxxxxx Golf Shop, who being by me duly sworn did depose and say that he/she is an authorized
officer of said corporation, that the said instrument was signed on behalf of said corporation as
authorized by its Board of Directors and that he/she acknowledged said instrument to be the free
act and deed of said corporation.
s/ Xxxxxxxx Xxxxx
Notary
14
ACKNOWLEDGMENT OF GRANTOR
STATE OF NEW YORK |
) | |
) ss. | ||
COUNTY OF NEW YORK |
) |
On this 19 day of June, 2006 before me personally appeared Xxxxxxxx Xxxxx, proved to me on the
basis of satisfactory evidence to be the person who executed the foregoing instrument on behalf of
Golfsmith Holdings, L.P., who being by me duly sworn did depose and say that he/she is an
authorized officer of said corporation, that the said instrument was signed on behalf of said
corporation as authorized by its Board of Directors and that he/she acknowledged said instrument to
be the free act and deed of said corporation.
s/ Xxxxxxxx Xxxxx
Notary
15
ACKNOWLEDGMENT OF GRANTOR
STATE OF NEW YORK |
) | |
) ss. | ||
COUNTY OF NEW YORK |
) |
On this 19 day of June, 2006 before me personally appeared Xxxxxxxx Xxxxx, proved to me on the
basis of satisfactory evidence to be the person who executed the foregoing instrument on behalf of
Golfsmith GP, L.L.C., who being by me duly sworn did depose and say that he/she is an authorized
officer of said corporation, that the said instrument was signed on behalf of said corporation as
authorized by its Board of Directors and that he/she acknowledged said instrument to be the free
act and deed of said corporation.
s/ Xxxxxxxx Xxxxx
Notary
16
ACKNOWLEDGMENT OF GRANTOR
STATE OF NEW YORK |
) | |
) ss. | ||
COUNTY OF NEW YORK |
) |
On this 19 day of June, 2006 before me personally appeared Xxxxxxxx Xxxxx, proved to me on the
basis of satisfactory evidence to be the person who executed the foregoing instrument on behalf of
Golfsmith Delaware, L.L.C., who being by me duly sworn did depose and say that he/she is an
authorized officer of said corporation, that the said instrument was signed on behalf of said
corporation as authorized by its Board of Directors and that he/she acknowledged said instrument to
be the free act and deed of said corporation.
s/ Xxxxxxxx Xxxxx
Notary
17
ACKNOWLEDGMENT OF GRANTOR
STATE OF NEW YORK |
) | |
) ss. | ||
COUNTY OF NEW YORK |
) |
On this 19 day of June, 2006 before me personally appeared Xxxxxxxx Xxxxx, proved to me on the
basis of satisfactory evidence to be the person who executed the foregoing instrument on behalf of
Golfsmith Canada, L.L.C., who being by me duly sworn did depose and say that he/she is an
authorized officer of said corporation, that the said instrument was signed on behalf of said
corporation as authorized by its Board of Directors and that he/she acknowledged said instrument to
be the free act and deed of said corporation.
s/ Xxxxxxxx Xxxxx
Notary
18
ACKNOWLEDGMENT OF GRANTOR
STATE OF NEW YORK |
) | |
) ss. | ||
COUNTY OF NEW YORK |
) |
On this 19 day of June, 2006 before me personally appeared Xxxxxxxx Xxxxx, proved to me on the
basis of satisfactory evidence to be the person who executed the foregoing instrument on behalf of
Golfsmith Europe, L.L.C., who being by me duly sworn did depose and say that he/she is an
authorized officer of said corporation, that the said instrument was signed on behalf of said
corporation as authorized by its Board of Directors and that he/she acknowledged said instrument to
be the free act and deed of said corporation.
s/ Xxxxxxxx Xxxxx
Notary
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ACKNOWLEDGMENT OF GRANTOR
STATE OF NEW YORK )
) ss.
COUNTY OF NEW YORK )
) ss.
COUNTY OF NEW YORK )
On this 19 day of June, 2006 before me personally appeared Xxxxxxxx Xxxxx, proved to me on the basis of satisfactory evidence to be the person who
executed the foregoing instrument on behalf of Golfsmith Licensing, L.L.C., who being by me duly
sworn did depose and say that he/she is an authorized officer of said corporation, that the said
instrument was signed on behalf of said corporation as authorized by its Board of Directors and
that he/she acknowledged said instrument to be the free act and deed of said corporation.
s/ Xxxxxxxx Xxxxx | ||
Notary |
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SCHEDULE I
TRADEMARK SECURITY AGREEMENT
TRADEMARK REGISTRATIONS
TRADEMARK SECURITY AGREEMENT
TRADEMARK REGISTRATIONS
Federal Registrations
Registration | Registration | |||||||||
Trademark | Owner of Record | Number | Date | |||||||
1.
|
ALL THINGS FOR THE WOMAN GOLFER |
Golfsmith International, Inc. | 3,093,688 | 5/16/06 | ||||||
2.
|
BLACK CAT | Golfsmith International, Inc. | 1,983,048 | 6/25/96 | ||||||
3.
|
BLACK HAWK | Golfsmith International, Inc. | 2,152,015 | 4/21/98 | ||||||
4.
|
BLACK ROCK and Design | Golfsmith International, Inc. | 2,679,265 | 1/28/03 | ||||||
5.
|
BULLWHIP | Golfsmith International, Inc. | 2,999,972 | 9/27/05 | ||||||
6.
|
BULLWHIP SHAFT (& Design) | Golfsmith International, Inc. | 2,140,571 | 3/3/98 | ||||||
7.
|
CARBON STICK | Golfsmith International, Inc. | 2,190,347 | 9/22/98 | ||||||
8.
|
CARBON TOUR | Golfsmith International, Inc. | 2,253,665 | 6/15/99 | ||||||
9.
|
CLUBMAKER | Golfsmith International, Inc. | 2,920,551 | 1/25/05 | ||||||
10.
|
CLUBVANTAGE | Golfsmith International, Inc. | 2,923,963 | 2/1/05 | ||||||
11.
|
COMFORT | Golfsmith International, Inc. | 2,389,096 | 9/26/00 | ||||||
12.
|
CRYSTAL CAT | Golfsmith International, Inc. | 2,453,296 | 5/22/01 | ||||||
13.
|
Design/Device/Logo (BLACK CAT HEAD) |
Golfsmith International, Inc. | 2,065,242 | 5/27/97 | ||||||
14.
|
Design/Device/Logo (CAT HEAD Old Design) |
Golfsmith International, Inc. | 1,518,085 | 12/27/88 | ||||||
15.
|
Design/Device/Logo (CAT HEAD Old Design) |
Golfsmith International, Inc. | 1,518,125 | 12/27/88 | ||||||
16.
|
Design of a Bee | Golfsmith International, Inc. | 2,874,040 | 8/17/04 | ||||||
17.
|
Design of Lightning Bolt | Golfsmith International, Inc. | 2,922,467 | 2/1/05 | ||||||
18.
|
Design of Lightning Bolt | Golfsmith International, Inc. | 2,922,469 | 2/1/05 | ||||||
19.
|
DESIGNATED DRIVER | Golfsmith International, Inc. | 2,121,890 | 12/16/97 | ||||||
20.
|
XXX XXXXXXXX GOLF & TENNIS WORLD (and Design) |
Golfsmith International, Inc. | 1,795,392 | 9/28/93 | ||||||
21.
|
DRIVEN BY DESIGN | Golfsmith Licensing, L.L.C. | 2,809,062 | 1/27/04 | ||||||
22.
|
EASY-ON | Golfsmith International, Inc. | 1,434,797 | 3/31/87 | ||||||
23.
|
FLYING BUTTRESS | Golfsmith Licensing, L.L.C. | 2,772,383 | 10/7/03 | ||||||
24.
|
FORMULA ONE | Golfsmith International, Inc. | 3,037,179 | 1/3/06 | ||||||
25.
|
GOLFSMITH | Golfsmith International, Inc. | 1,447,761 | 7/14/87 | ||||||
26.
|
GOLFSMITH | Golfsmith International, Inc. | 2,935,942 | 3/29/05 | ||||||
27.
|
GOLFSMITH | Golfsmith International, Inc. | 2,935,945 | 3/29/05 | ||||||
28.
|
XXXXXX XXXXXX | T.H. Xxxxxx, Inc. | 2,003,418 | 9/24/96 | ||||||
29.
|
XXXXXX XXXXXX | T.H. Xxxxxx, Inc. | 1,975,684 | 5/28/96 | ||||||
30.
|
XXXXXX XXXXXX | T.H. Xxxxxx, Inc. | 3,038,187 | 1/3/06 | ||||||
31.
|
INTERFACE | Golfsmith International, Inc. | 2,129,126 | 1/13/98 | ||||||
32.
|
JETSTREAM | Golfsmith International, Inc. | 2,124,015 | 12/23/97 | ||||||
33.
|
KID ZEVO | Golfsmith Licensing, L.L.C. | 2,391,479 | 10/3/00 |
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Registration | Registration | |||||||||
Trademark | Owner of Record | Number | Date | |||||||
34.
|
KID ZEVO | Golfsmith Licensing, L.L.C. | 2,258,920 | 7/6/99 | ||||||
35.
|
KILLER BEE | Golfsmith International, Inc. | 1,966,455 | 4/9/96 | ||||||
36.
|
KILLER BEE | Golfsmith International, Inc. | 2,874,048 | 8/17/04 | ||||||
37.
|
KILLER BEE (& Design) | Golfsmith International, Inc. | 1,997,989 | 9/3/96 | ||||||
38.
|
LIBERTY | Golfsmith International, Inc. | 1,416,763 | 11/11/86 | ||||||
39.
|
LYNX | Golfsmith International, Inc. | 1,446,493 | 7/7/87 | ||||||
40.
|
LYNX | Golfsmith International, Inc. | 943,571 | 9/26/72 | ||||||
41.
|
MORE GOLF | Golfsmith International, Inc. | 3,089,134 | 5/9/06 | ||||||
42.
|
NIGHT HAWK | Golfsmith International, Inc. | 2,124,013 | 12/23/97 | ||||||
43.
|
PARALLAX | Golfsmith International, Inc. | 1,399,697 | 7/1/86 | ||||||
44.
|
PATRIOT | Golfsmith International, Inc. | 1,399,698 | 7/1/86 | ||||||
45.
|
PAW | Golfsmith International, Inc. | 2,013,921 | 11/5/96 | ||||||
46.
|
PIT VIPER | Golfsmith International, Inc. | 2,898,751 | 11/2/04 | ||||||
47.
|
POINT BLANK | Golfsmith International, Inc. | 2,124,012 | 12/23/97 | ||||||
48.
|
POWER LINK | Golfsmith International, Inc. | 3,089,338 | 5/9/06 | ||||||
49.
|
PREDATOR | Golfsmith International, Inc. | 1,351,870 | 7/30/95 | ||||||
50.
|
PURE BALANCE | Golfsmith International, Inc. | 2,140,899 | 3/3/98 | ||||||
51.
|
QUICK STRIKE | Golfsmith International, Inc. | 2,551,128 | 3/19/02 | ||||||
52.
|
ROUGH RIDER | Golfsmith International, Inc. | 2,258,083 | 6/29/99 | ||||||
53.
|
SHORT GAME SYSTEM | Golfsmith International, Inc. | 2,392,567 | 10/20/00 | ||||||
54.
|
SIGHT LINE | Golfsmith International, Inc. | 2,129,130 | 1/13/98 | ||||||
55.
|
SNAKE EYES (& Design) | Golfsmith International, Inc. | 1,889,946 | 4/18/95 | ||||||
56.
|
SOFT STROKE | Golfsmith International, Inc. | 2,129,128 | 1/13/98 | ||||||
57.
|
SPECIAL FORCE | Golfsmith International, Inc. | 2,129,132 | 1/13/98 | ||||||
58.
|
STERLING | Golfsmith International, Inc. | 2,894,986 | 10/19/04 | ||||||
59.
|
STINGER | Golfsmith International, Inc. | 2,374,557 | 8/8/00 | ||||||
60.
|
TAKE DEAD AIM | T.H. Xxxxxx, Inc. | 2,012,281 | 10/29/96 | ||||||
61.
|
TIGRESS | Golfsmith International, Inc. | 1,356,970 | 8/27/85 | ||||||
62.
|
TOUR CAVITY | Golfsmith International, Inc. | 2,255,633 | 6/22/99 | ||||||
63.
|
TRANSMITTER | Golfsmith International, Inc. | 1,500,655 | 8/16/88 | ||||||
64.
|
VIPER | Golfsmith International, Inc. | 2,436,051 | 3/20/01 | ||||||
65.
|
XPC | Golfsmith International, Inc. | 1,274,437 | 4/17/84 | ||||||
66.
|
ZEVO | Golfsmith Licensing, L.L.C. | 1,924,718 | 10/3/95 |
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U.S. TRADEMARK APPLICATIONS
Application | Date of | |||||||
Trademark | Owner of Record | Number | Application | |||||
1. |
A S I | Golfsmith International, Inc. | 78/786,523 | 01/06/06 | ||||
2. |
ART SCIENCE INGENUITY | Golfsmith International, Inc. | 78/787,257 | 01/09/06 | ||||
3. |
CFORCE | Golfsmith International, Inc. | 78/615,578 | 04/24/05 | ||||
4. |
CLUBMAKER | Golfsmith International, Inc. | 76/571,190 | 01/21/04 | ||||
5. |
CLUBMAKER | Golfsmith International, Inc. | 76/571,189 | 01/21/04 | ||||
6. |
COMPRESSOR | Golfsmith Licensing, L.L.C. | 76/303,055 | 08/22/01 | ||||
7. |
DRIVE | Golfsmith International, Inc. | 76/599,863 | 06/28/04 | ||||
8. |
GEARFORGOLF | Golfsmith International, Inc. | 76/560,965 | 11/20/03 | ||||
9. |
GIFTSFORGOLF | Golfsmith International, Inc. | 76/591,986 | 05/13/04 | ||||
10. |
GOLFSMITH | Golfsmith International, Inc. | 76/653,328 | 01/10/06 | ||||
11. |
HOTFIT | Golfsmith International, Inc. | 78/593,944 | 03/24/05 | ||||
12. |
KID ZEVO (& Design) | Golfsmith Licensing, L.L.C. | 76/642,316 | 07/07/05 | ||||
13. |
KID ZEVO (& Design) | Golfsmith Licensing, L.L.C. | 76/642,315 | 07/07/05 | ||||
14. |
Miscellaneous Design (Circular Design – ASI Logo) | Golfsmith International, Inc. | 78/776,380 | 12/19/05 | ||||
15. |
YOUR CADDY FOR LIFE | Golfsmith International, Inc. | 78/624,781 | 05/06/05 |
23
TRADEMARK LICENSES
Licensor | Licensee | Trademark(s) | Date | |||||
1.
|
Golfsmith International, L.P. | Bali Leathers, Inc. | LYNX, Cat Head Design, SNAKE EYES, Snake Eyes Design, SNAKE EYES & Design, & KILLER BEE & Design, | 9/1/01 | ||||
2.
|
Golfsmith International, L.P. | Golf Gear Australia Pty. Ltd. | SNAKE EYES, SNAKE EYES & Design & Snake Eyes Design | 5/1/01 | ||||
3.
|
Golfsmith International, L.P. | Golf Gear Australia Pty. Ltd. | Cat Head Design & LYNX trademarks | 5/1/01 | ||||
4.
|
Golfsmith International, L.P. | Xxxx Xxxxx d/b/a Performance Golf, Inc. | STINGER | 6/1/00 | ||||
5.
|
Golfsmith International, L.P. | Pro Select, Inc. | TI CAT | 7/9/02 | ||||
6.
|
Golfsmith International, L.P | Cobra Golf, Inc. | BIMETALLIC | 1/1/99 | ||||
7.
|
Golfsmith International, L.P | TTHGOLF | “Marks & Images” | 2/22/02 | ||||
8.
|
T.H. Xxxxxx, Inc. | Golfsmith International, L.P. | XXXXXX XXXXXX | 7/1/95 | ||||
9.
|
T.H. Xxxxxx, Inc. | Golfsmith International, L.P. | XXXXXX XXXXXX | 1/1/00 | ||||
10.
|
T.H. Xxxxxx, Inc. | Golfsmith International, L.P. | XXXXXX XXXXXX | 1/1/00 |
24
DOMAIN NAMES
Domain Name | Owner | Reg. Date | ||||
1.
|
xxxxxxxxxxxxxxx.xxx | Golfsmith International, Inc. | 07/28/2004 | |||
2.
|
xxxxxxxxxxxxxxxxxxxxxxxxxxxxx.xxx | Golfsmith International, Inc. | 10/01/2002 | |||
3.
|
xxxxxxxxxxxxxxxxx.xxx | Golfsmith International, Inc. | 07/28/2004 | |||
4.
|
xxxxxxxxxxxxxxxxxx.xxx | Golfsmith International, Inc. | 07/28/2004 | |||
5.
|
xxxxxxxxx.xxx | Golfsmith International, Inc. | 12/14/2001 | |||
6.
|
xxxxxxxxx.xxx | Golfsmith International, Inc. | 04/26/1995 | |||
7.
|
xxxxxxxxx.xxxx | Golfsmith International, Inc. | 10/31/2001 | |||
8.
|
xxxxxxxxx.xx | Golfsmith International, Inc. | 04/24/2002 | |||
9.
|
xxxxxxxxxxxxxxx.xxx | Golfsmith International, Inc. | 02/21/2005 | |||
10.
|
xxxxxxxxxxxxxxxxxx.xxx | Golfsmith International, Inc. | 08/11/1999 | |||
11.
|
xxxxxxxxx-xxxxxx.xxx | Golfsmith International, Inc. | 02/21/2005 | |||
12.
|
xxxxxxxxxxxxxxx.xxx | Golfsmith International, Inc. | 08/02/2005 | |||
13.
|
xxxxxxxxxxxxxxx.xxx | Golfsmith International, Inc. | 12/09/2003 | |||
14.
|
xxxxxxxxxxxx.xxx | Golfsmith International, Inc. | 02/08/1999 | |||
15.
|
xxxxxxxx.xxx | Golfsmith International, Inc. | 10/22/1998 | |||
16.
|
xxxxxxxxxx.xxx | Golfsmith International, Inc. | 08/07/2003 | |||
17.
|
xxxxxxxxxx.xxx | Golfsmith International, Inc. | 10/18/1996 | |||
18.
|
xxxxxxxxxxxxxxxxx.xxx | Golfsmith International, Inc. | 06/23/2004 | |||
19.
|
xxxxxxxxxxxxxx.xxx | Golfsmith International, Inc. | 06/23/2004 | |||
20.
|
xxxxxxxxxxxxxxxxx.xxx | Golfsmith International, Inc. | 06/23/2004 | |||
21.
|
xxxxxxxxxxxxxxxx.xxx | Golfsmith International, Inc. | 06/23/2004 | |||
22.
|
xxxxxxxxxxxxxx.xxx | Golfsmith International, Inc. | 06/23/2004 | |||
23.
|
xxxxxxxxxxxxx.xxx | Golfsmith International, Inc. | 06/23/2004 | |||
24.
|
xxxx.xxx | Golfsmith International, Inc. | 07/05/2004 | |||
25.
|
xxxxxxxx.xxx | Golfsmith International, Inc. | 08/01/2003 |
25