License
to use trademark.
A here grants to B the sole and exclusive right to
use the name Coca-Cola and all the trademarks and designs for labels now owned
and controlled by A, upon any bottles or other receptacles containing the mixture
described above, and the right to vend such preparation or mixture bottled or
put up as described-above, in all the territory contained in the boundaries of
the United States of America, except the six New England states and the states
of _________ and _________. This right to use the name Coca-Cola and the
trademark and label furnished is to be applied only to the carbonated mixture
described, and is not intended to interfere in any way with the business and
use of the same as now operated by A nor to apply to the soda fountain business
as now operated by various parties. The rights of B under this contract may be
by them transferred to a company, the formation of which is now contemplated by
them to be known as _________, but no transfer of their rights under this
contract to any other party or parties shall be made without the consent of A.
In consideration of the consent of the Coca-Cola
Company to the use of the name Coca-Cola as a part of the corporate name of B,
and its further consent to use by B of the trademark Coca-Cola on the product
so sold, B agrees not to manufacture, deal in, sell, offer for sale, use or
handle, nor to attempt to do so, either directly or indirectly, any product
that is a substitute for or imitation of Coca-Cola.
Nothing in this license, however, shall give to B
any interest in the name Coca-Cola, labels, etc., except the right of usage in
connection with bottled Coca-Cola nor shall this contract in any way interfere
with the use of name Coca-Cola, labels, etc., in connection with the fountain
product of A; it being agreed that the use given with this license shall be
confined to the bottled product, the name, labels, etc., in connection with the
fountain product to be used as A deems fit and advisable, in any and all territory.