EXHIBIT 10.10(e)
TRADEMARK ASSIGNMENT
This Assignment is effective as of the 5th day of November,
1997, by and between Brookhurst, Inc., a California corporation with its
principal place of business at 000 Xxxx Xxxxx Xxxxxx, Xxxxxxx, Xxxxxxxxxx 00000
("Assignor") and I.C. Xxxxxx, X.X., a Delaware Limited Partnership with its
principal place of business at 0000 Xxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxx 00000
("Assignee").
WITNESSETH:
WHEREAS, Assignor is the owner of certain trademarks outside of the United
States of America except Mexico constituting or containing the word BOSS and the
Stylized B, including common law rights and rights in trademark registrations
and applications for registration outside the United States of America except
Mexico and listed on the Schedule of Trademarks attached hereto, together with
the good will of the business outside the United States of America except Mexico
associated therewith throughout the world (the "Trademarks");
WHEREAS, Assignee desires to acquire all right, title and interest of
Assignor in and to the Trademarks;
NOW, THEREFORE, to All Whom It May Concern, be it known that for and in
consideration of good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged. Assignor does hereby sell, assign, transfer and
set over, to Assignee, its successors and assigns forever, its entire right,
title and interest in and to the Trademarks, the same to be held and enjoyed by
Assignee for its own use and enjoyment, and for the use and enjoyment of its
successors, assigns or other legal representatives forever, as fully and
entirely as the same would have been held and enjoyed by Assignor had the
assignment and sale set forth herein not been made.
IN TESTIMONY WHEREOF, Assignor has caused these presents to be signed by
its officer thereunto duly authorized, and its corporate seal to be hereto
affixed.
BROOKHURST, INC.
By: /s/ Xxxxxxx Xxx
_________________________
Name: Xxxxxxx Xxx
Title: President
COUNTY OF NEW YORK :
:ss:
STATE OF NEW YORK :
On this 5th day of November, 1997, before me personally appeared
Xxxxxxx Xxx, to me personally known, who, being duly sworn, did say that he is
President of Brookhurst, Inc., a California corporation, and that the
foregoing instrument was signed and sealed on behalf of the corporation by
authority of its Board of Directors, and that he acknowledges such instrument to
be the free deed and act of said corporation for the purposes therein set forth
and intending that this instrument be recorded.
/s/ Xxxx Xxxxxxxxx
______________________
Notary Public
-2-
SCHEDULE OF TRADEMARKS
Brookhurst Inc.'s BOSS
Non-U.S. Trademark Applications/Registrations*
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TRADEMARK REG/APP NO. GOODS** COUNTRY STATUS
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BOSS 721562 clothing Canada pending
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BOSS 96/06527 clothing for export Hong Kong applied
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BOSS (Stylized) 96/06527 clothing for export Hong Kong applied
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BOSS AMERICA 643416 clothing Italy registered
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BOSS AMERICA 643416 sporting goods Italy registered
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BOSS AMERICA 330801/1992 eyewear Japan pending
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BOSS AMERICA 330803/1992 furniture Japan pending
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BOSS AMERICA 330804/1992 clothing Japan pending
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BOSS AMERICA 330805/1992 embroidery Japan pending
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BOSS 96/06531 clothing Malaysia applied
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BOSS GOLF COMPANY INC. -- business name PRC pending
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BOSS BUSINESS 85032505 clothing Taiwan applied
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* Prior to Closing, the Acquisition Agreement shall not be deemed to be
breached by inclusion of incorrect information relating to the
Classification or Status in this Schedule. Said information shall be
reviewed, corrected if necessary, updated and confirmed by Seller prior to
Closing.
** For ease of reference the description of goods in this chart is
generalized.
