Contractual Agreements between Gore and LaCrosse Footwear, Inc.
Exhibit 10.18
Contractual Agreements between
Xxxx and LaCrosse Footwear, Inc.
Contents | ||
1
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Trademark License Attachment | |
2
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Certified Manufacturer Agreement Attachment | |
3
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Guide for Proper Use of Xxxx’x Trademarks | |
4
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Quality Standards | |
5
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Manufacturing Standards |
TRADEMARK ATTACHMENT
XXXX’X TRADEMARK | PRODUCT and END USE (QUALITY STANDARD) | GEOGRAPHIC MARKET | BRAND OR LABEL | |||||||
XXXX-TEX® |
COF | AP (Asia Pacific): | LaCrosse | |||||||
XXXX-TEX® Black Diamond Logo XXXX-TEX® GUARANTEED TO KEEP YOU DRY® GUARANTEED TO KEEP YOU DRY™ |
XXXX-TEX® Insulated Comfort Footwear for Hard Use: Hunting, Work for Hard Use-Special Purpose: Hunting Extreme Cold, Insulated Trekking and Hiking, Work Extreme Cold |
Australia China Hong Kong Indonesia |
Korea Macau Malaysia New Zealand |
Philippines Singapore Taiwan Thailand |
Xxxxxx | |||||
XXXX-TEX® Performance Comfort Footwear | EE (Eastern Europe): | |||||||||
for Hard Use: Hunting, Work for Hard Use-Special Purpose: Heavy Duty Work |
Armenia Belarus Bosnia-Herzegovina Montenegro |
Georgia Macedonia Moldavia |
Serbia Ukraine Croatia |
|||||||
XXX | XXX (Xxxxxxxx Xxxxxxxx Xxxx): | |||||||||
XXXX-TEX® Extended Comfort Footwear for XXX XXXX-TEX® Insulated Comfort Footwear for LES, Military, and Workwear XXXX-TEX® Performance Comfort Footwear for LES, Military, and Workwear |
Austria Belgium Bulgaria Cyprus Czech Republic Denmark Estonia Finland France Germany |
Greece Hungary Iceland Ireland Italy Latvia Liechtenstein Lithuania Luxembourg Malta |
Netherlands Norway Poland Portugal Romania Slovakia Slovenia Spain Sweden UK |
|||||||
NA (North America): | ||||||||||
USA | Canada | Mexico | ||||||||
Other: | ||||||||||
Japan Russian Federation |
||||||||||
GTX® | COF | EEA (European Economic Area): | LaCrosse | |||||||
(licensed under special restrictions communicated separately by Xxxx in writing) |
XXXX-TEX® Insulated Comfort Footwear for Hard Use: Hunting, Work for Hard Use-Special Purpose: Hunting Extreme Cold, Insulated Trekking and Hiking, Work Extreme Cold XXXX-TEX® Performance Comfort Footwear for Hard Use: Hunting, Work for Hard Use-Special Purpose: Heavy Duty Work |
Austria Belgium Bulgaria Cyprus Czech Republic Denmark Estonia Finland France Germany |
Greece Hungary Iceland Ireland Italy Latvia Liechtenstein Lithuania Luxembourg Malta |
Netherlands Norway Poland Portugal Romania Slovakia Slovenia Spain Sweden UK |
Xxxxxx | |||||
TOF | NA (North America): | |||||||||
XXXX-TEX® Extended Comfort Footwear for XXX XXXX-TEX® Insulated Comfort Footwear for LES, Military, and Workwear XXXX-TEX® Performance Comfort Footwear for LES, Military, and Workwear |
USA | Canada |
Pages 1 of 2
GORE | Licensee | Japan Xxxx-Tex, Inc. | ||
Elkton, MD date
|
Portland, OR, date | Tokyo, date | ||
Xxx XxXxxxxx
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Xxxx Xxxxxxx | Xxxxxx Xxxxxx | ||
/s/ Xxxxxx X. Xxxxxxxxx 11-17-08 | ||||
Xxxxxx X. Xxxxxxxxx |
Pages 2 of 2
CERTIFIED MANUFACTURER AGREEMENT ATTACHMENT — FOOTWEAR
QUALITY STANDARDS | MANUFACTURING STANDARDS | |
XXXX-TEX® Insulated Comfort Footwear for: Hard Use: Hunting, Work Hard Use-Special Purpose: Hunting Extreme Cold, Insulated Trekking and Hiking, Work Extreme Cold |
XXXX-TEX® Footwear
construction
technologies: Double Lasting, Bootie Liner Technology |
|
XXXX-TEX® Performance Comfort Footwear for: Hard Use: Hunting, Work Hard Use-Special Purpose: Heavy Duty Work |
||
XXXX-TEX® Extended Comfort Footwear for: XXX |
XXXX-TEX® Footwear
construction
technologies: Double Lasting, Bootie Liner Technology |
|
XXXX-TEX® Insulated Comfort Footwear for: LES, Military, Workwear |
||
XXXX-TEX® Performance Comfort Footwear for: LES, Military, Workwear |
MANUFACTURING LOCATIONS
LaCrosse Footwear, Inc.
|
General: | |
00000 XX Xxxxxxx Xxx
|
Genfort Shoes Ltd. | |
Xxxxxxxx, XX 00000
|
Second Industry District, Nan Lung Xxxx Xxxxx Shan City, China |
GORE | MANUFACTURER | |||
Elkton, MD, date |
Portland, OR, date 11-17-08 | |||
/s/ Xxxxxx X. Xxxxxxxxx | ||||
Pages 1 of 1
GUIDE FOR PROPER USE OF XXXX’X TRADEMARKS
X. X. Xxxx & Associates owns many valuable trademarks that identify and distinguish our products
from those of other companies. Xxxx’x trademarks are well known to the end users and signify that
Licensees are buying quality, state-of-the-art products from a company with a reputation for
innovation, dependability, and integrity. Significant time, effort, and money have been spent in
the research, development, and promotion of these products.
The Trademark License Agreement provides the Licensee with the ability to use specific Xxxx
trademarks for the promotion and sale of Licensee’s Products, for example,
outerwear/footwear/gloves (or other apparel accessories) as the case may be, under the terms and
conditions of its License. This is intended to provide benefits to both Xxxx and Licensee.
However, Licensee’s cooperation is required to assure that Xxxx’x trademarks are correctly used.
Trademarks
can be lost if they are not used correctly. A trademark is lost when it becomes generic
and sneaks into the language as a common name description of the product, as distinguished from
the source and identity of the product. If a trademark becomes generic, the original owner loses
exclusive rights to use the xxxx. Any competitor can then use the trademark and take advantage of
the advertising and promotion dollars spent by the former owner.
Fortunately, it is fairly easy to protect Xxxx’x trademarks. Licensee needs only to comply with
the following rules of proper trademark usage. These serve as examples only. Licensee will
substitute licensed trademarks per the Trademark Attachment as appropriate.
1. | Most importantly, a trademark is a proper adjective, NOT a noun or a verb. When
used such as in advertising, catalogues, promotions, brochures, hang tags, radio, etc., the trademark
must always be followed by a noun signifying its generic or common name. The trademark
must never be used alone when it appears in text. EXAMPLE: Right: “TRADEMARK” ® products Wrong: products made of “TRADEMARK” ® |
|
2. | A trademark should always be used in a manner that will distinguish it from the
surrounding text. Capitalize trademarks completely, or use initial caps with boldface type or
italics. The generic product name should not be used in the same manner as the trademark
(for instance, if the trademark is presented in all capital letters, the generic product name
should not be). EXAMPLE: Right: “TRADEMARK” ® products Wrong: “TRADEMARK” ® PRODUCTS |
|
3. | Trademarks should be followed by the symbol “®” or “TM”, or no designation at all, as appropriate for a given xxxx in a particular given geographical market. The appropriate trademark symbol should always appear at least once in each piece of printed matter, preferably the first time the trademark appears. Please contact your Xxxx representative to determine your appropriate designation. |
Pages 1 of 2
4. | Always accompany the trademark with the appropriate trademark ownership footnote. The
footnote usually appears at the bottom of the last page. All Xxxx trademarks used by the
Licensee must be listed in the trademark ownership footnote. EXAMPLE: “TRADEMARK”® products Footnote: “TRADEMARK”® and designs are trademarks of X. X. Xxxx & Associates. |
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5. | Trademarks should never be used in the possessive
sense. EXAMPLE: Right: The popularity of “TRADEMARK” ® products Wrong: “TRADEMARK”s popularity |
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6. | Do not coin new words or terms for a trademark. EXAMPLE: Wrong: “TRADEMARKED” products |
|
7. | Trademarks identify and distinguish Xxxx’x products from those
of other companies, therefore, Xxxx’x trademarks must not be combined or
intermingled with the trademarks of other companies. EXAMPLE: Right: “TRADEMARK” ® products by (Company’s Name) “TRADEMARK” ® products, the _________ collection from (Company Name) Wrong: (Company Name) “TRADEMARK” ® products (Company Name)’s “TRADEMARK” ® products |
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8. | In case of any doubts, please consult with your Xxxx representative for the correct interpretation and implementation of the above guidelines. |
Pages 2 of 2
CONFIDENTIAL
Footwear Quality Standard
XXXX-TEX® INSULATED COMFORT FOOTWEAR
This attachment consists of contains technical manufacturing and design information which has been
omitted and filed separately with the Commission. Confidential treatment has been requested with
respect to the omitted portions.
CONFIDENTIAL
Footwear Quality Standard
XXXX-TEX® PERFORMANCE COMFORT FOOTWEAR
This attachment consists of contains technical manufacturing and design information which has been
omitted and filed separately with the Commission. Confidential treatment has been requested with
respect to the omitted portions.
CONFIDENTIAL
TOF FOOTWEAR QUALITY STANDARD
XXXX-TEX® EXTENDED COMFORT Footwear
This attachment consists of contains technical manufacturing and design information which has been
omitted and filed separately with the Commission. Confidential treatment has been requested with
respect to the omitted portions.
CONFIDENTIAL
TOF FOOTWEAR QUALITY STANDARD
XXXX-TEX® INSULATED COMFORT Footwear
This attachment consists of contains technical manufacturing and design information which has been
omitted and filed separately with the Commission. Confidential treatment has been requested with
respect to the omitted portions.
CONFIDENTIAL
TOF FOOTWEAR QUALITY STANDARD
XXXX-TEX® PERFORMANCE COMFORT FOOTWEAR
This attachment consists of contains technical manufacturing and design information which has been
omitted and filed separately with the Commission. Confidential treatment has been requested with
respect to the omitted portions.
CONFIDENTIAL
MANUFACTURING STANDARDS FOR XXXX-TEX® FOOTWEAR
This attachment consists of contains technical manufacturing and design information which has been
omitted and filed separately with the Commission. Confidential treatment has been requested with
respect to the omitted portions.
CONFIDENTIAL
MANUFACTURING STANDARD FOR XXXX-TEX® FOOTWEAR TOF
This attachment consists of contains technical manufacturing and design information which has been
omitted and filed separately with the Commission. Confidential treatment has been requested with
respect to the omitted portions.