EXHIBIT 10.1
CONSENT AGREEMENT
This Agreement made this 3rd day of December, 1997, by and between
Xxxxxxx X. Xxxxxxxx, an individual doing business as Value America, with a
principal place of business at 0000 Xxxxxx Xxxxx Xxxxx, Xxxxxxxx, XX 00000
(hereinafter referred to as "Xxxxxxxx"); and
Value America, Inc., a corporation of Virginia, having its principal place of
business at 0000 Xxxxxxxxxxxx Xxxxx, Xxxxxxxxxxxxxxx, XX 00000, (hereinafter
referred to as "VA-Virginia");
Whereas, Xxxxxxxx is the owner of U.S. Registration No. 1,964,038 for the xxxx
Value America for preparing and disseminating advertising matter, including
direct mail advertising; and
Whereas, VA-Virginia desires to use the xxxx Value America for an Internet
retail store; and
Whereas, VA-Virginia is the applicant for registration of the marks listed in
Appendix A; and
Whereas, VA-Virginia recognizes the validity of Xxxxxxxx'x registered xxxx and
wishes to avoid an conflict therewith,
Now, therefore, in consideration of the sum of One Dollar and other good and
valuable consideration, it is agreed as follows:
1. VA-Virginia recognizes the validity of Xxxxxxxx'x registered xxxx.
2. Xxxxxxxx believes there is no likelihood of confusion or conflict between
the use of the trademark Value America by Xxxxxxxx for preparing and
disseminating advertising matter, including direct mail advertising, and by
VA-Virginia in connection with the operation of an Internet retail store.
3. Xxxxxxxx consents to the use and registration by VA-Virginia of the
trademark Value America in the applications listed in Appendix A, for use in
connection with the operation of an Internet retail store.
4. Xxxxxxxx will take no action to interfere with the use of Value America by
VA-Virginia for an Internet retail store nor with the registration of the
applications listed in Appendix A.
5. Xxxxxxxx hereby withdraws his request for an extension of time to file an
opposition with respect to application SERIAL NO.: 75-100,961, FILED May 1,
1996.
In witness whereof, the parties hereto set their hands and seals hereto on the
date first written above.
Witness:
/s/ Xxxxx Xxxxx /s/ Xxxxxxx X. Xxxxxxxx
------------------------- -------------------------
Xxxxxxx X. Xxxxxxxx
Attest: Value America, Inc., a corporation of
Virginia
/s/ Xxxx X. Xxxxxxx /s/ Xxx Xxxxxxx
------------------------- --------------------------
By: Xxx Xxxxxxx, President
ACKNOWLEDGMENT
State of Xxxxxx) ss.:
County of Dekalb)
On this 8th day of December, 1997, before me personally came Xxxxxxx X.
Xxxxxxxx, to me known to be the individual described in and who executed the
foregoing instrument, and he acknowledged execution of the same.
Xxxxx X. Xxxxxxxxxx
--------------------
A Notary Public Notary Public, Dekalb, County Georgia
My Commission Expires Sept. 14, 1999
ACKNOWLEDGMENT
Commonwealth of Virginia ) ss.:
County of "Albemarle" )
On this 3rd day of December, 1997, before me personally Xxxx X. Xxxxxxx, and
this person acknowledged under oath, to my satisfaction, that he is the
Secretary of Value America, Inc., a corporation of Virginia; that he is the
attesting witness to the signing of this instrument by Xxx Xxxxxxx, who is the
President of Value America, Inc., that this document was signed and delivered by
the corporation as its voluntary act duly authorized by proper resolution of its
Board of Directors; that he knows the proper seal of the corporation which was
affixed to this instrument, and that he signed this proof to attest to the truth
of these facts.
Xxxx X. Xxxxxxx
--------------------------
ATTESTING WITNESS
/s/ Xxxxxx X. Xxxxxx
-----------------------
A Notary Public My commission expires 12/31/98
Approved as to form by:
/s/ Xxxxx X. Xxxxxxxx , Dated: December 4, 1997
----------------------------
Xxxxx X. Xxxxxxxx, Esq.
Attorney for Xxxxxxx X. Xxxxxxxx
/s/ Xxx Xxxxxxx , Dated: December 3, 1997
-----------------------------
Xxx Xxxxxxx, Esq.
Attorney for Value America, Inc.
APPENDIX A
SERIAL NO.: 75-143,138
FILED: July 12, 0000
XXXXX XXXXXXX THE LIVING STORE! and Design
GOODS/SERVICES: MULTIMEDIA AND PRODUCT DEMONSTRATIONS USING NARRATION,
PHOTOGRAPHY, MUSIC, GRAPHICS AND ANIMATION TO CREATE DEMONSTRATIONS THAT ARE
EDUCATIONAL AND ENTERTAINING
INTL CLASS: 35 (Advertising & Business Services)
SERIAL NO.: 75-143,137
FILED: July 12, 0000
XXXXX XXXXXXX THE LIVING STORE! and Design
GOODS/SERVICES: RETAIL AND WHOLESALE DISTRIBUTORSHIPS FEATURING A WIDE VARIETY
OF CONSUMER PRODUCTS RENDERED BY MEANS OF GLOBAL COMPUTER COMMUNICATIONS
NETWORKS FEATURING INTERACTIVE DATA BASE PROGRAMMING AND MULTIMEDIA PRODUCT
DEMONSTRATIONS
INTL CLASS: 35 (Advertising & Business Services)
SERIAL NO.: 75-143,136
FILED: July 12, 0000
XXXXX XXXXXXX THE LIVING STORE! and Design GOODS/SERVICES: RECORDING, SOUND AND
IMAGE REPRODUCTION-RECORDED NARRATION, AND MUSIC FOR PRODUCT PRESENTATIONS AND
TESTIMONIALS; IMAGE CREATION AND REPRODUCTION TO SUPPORT SALE OF CONSUMER
PRODUCTS ON THE INTERNET; VIDEO DEMONSTRATIONS OF CONSUMER PRODUCTS INTL CLASS:
9 (Electrical & Scientific Apparatus)
SERIAL NO.: 75-133,409
FILED: July 12, 0000
XXXXX XXXXXXX THE LIVING STORE! and Design
GOODS/SERVICES: PROVIDING TELECOMMUNICATIONS CONNECTED TO GLOBAL COMPUTER
NETWORKS INCLUDING HOSTING AND CONNECTIVITY VIA TELEPHONY, COAXIAL AND/OR
DIGITAL SATELLITE
INTL CLASS: 38(Communications Services)
SERIAL NO.: 75-100,961
FILED: May 1, 1996
PUBLISHED: September 2, 0000
XXXXX XXXXXXX
GOODS/SERVICES: RETAIL AND WHOLESALE DISTRIBUTORSHIPS FEATURING A WIDE VARIETY
OF CONSUMER PRODUCTS RENDERED BY MEANS OF GLOBAL COMPUTER COMMUNICATIONS
NETWORKS FEATURING INTERACTIVE DATA BASE PROGRAMMING AND MULTIMEDIA PRODUCT
DEMONSTRATIONS
INTL CLASS: 35(Advertising & Business Services)
SERIAL NO.: 75-099,776
FILED: May 1, 0000
XXXXX XXXXXXX
GOODS/SERVICES: (INT. CL.9) PRERECORDED MUSICAL AND NARRATED SOUND AND VIDEO
RECORDINGS FOR PRODUCT PRESENTATIONS AND TESTIMONIALS (INT. CL.35) VIDEO
DEMONSTRATIONS OF CONSUMER PRODUCTS; PHOTOGRAPHIC IMAGE REPRODUCTION; CREATION
AND DISSEMINATION OF ADVERTISEMENTS TO SUPPORT SALES OF CONSUMER PRODUCTS ON
GLOBAL COMPUTER NETWORKS (INT. CL. 40) VIDEO DEMONSTRATIONS OF CONSUMER
PRODUCTS; PHOTOGRAPHIC IMAGE REPRODUCTION; CREATION AND DISSEMINATION OF
ADVERTISEMENTS TO SUPPORT SALES OF CONSUMER PRODUCTS ON GLOBAL COMPUTER NETWORKS
(INTL. CL. 41) AUDIO AND VIDEO RECORDING
INTL CLASS: 9 (Electrical & Scientific Apparatus)
35 (Advertising & Business Services)
40 (Material Treatment Services)
41 (Education & Entertainment Services)
SERIAL NO.: 75-099,775
FILED: May 1, 0000
XXXXX XXXXXXX
GOODS/SERVICES: MULTIMEDIA AND VIDEO PRODUCT DEMONSTRATIONS USING NARRATION,
PHOTOGRAPHY, MUSIC, GRAPHICS AND ANIMATION TO CREATE DEMONSTRATIONS THAT ARE
EDUCATIONAL AND ENTERTAINING
INTL CLASS: 35 (Advertising & Business Services)
