This excerpt taken from the RUTH 10-K filed Jun 25, 2009.
This Consent Agreement is made and entered into on this day of , 200 , between Cameron Mitchell Restaurants, LLC (CMR), with a business address at 515 Park Street, Columbus, Ohio 43215, and Ruths Chris Steak House, Inc. (RCSH), with a business address at 500 International Parkway, Suite 100, Heathrow, Florida 32746.
Whereas, CMR owns the common law marks CAMERONS AMERICAN BISTRO and CAMERONS (collectively CMRs Marks) as used on non-steakhouse and/or non-seafood restaurant services (CMRs Services);
Whereas, RCSH owns the common law mark CAMERONS STEAKHOUSE (RCSHs Mark) as used on steakhouse and seafood restaurant services (RCSHs Services);
Whereas, the Parties agree that there is no confusion between their respective marks as used in connection with their respective services and desire to document this understanding by entering into this Consent Agreement;
Now therefore, for the good and sufficient consideration, the receipt of which is hereby acknowledged, the Parties agree as follows:
1. CMR acknowledges RCSHs ownership of RCSHs Mark and RCSHs right to use the mark on RCSHs Services.
2. RCSH acknowledges CMRs ownership of CMRs Marks and CMRs right to use the marks on CMRs Services.
3. The Parties agree that confusion is not likely to arise from their respective use and registration of their respective marks in connection with their respective services because CMRs Services and RCSHs Services are for distinct concepts that are not likely to overlap.
4. As a result, CMR and RCSH consent to the registration of the other partys mark for the services listed above, at the U.S. Patent & Trademark Office, or any other state or foreign office.
5. The parties agree to further take all reasonable action necessary to prevent any confusion between each others businesses due to the coexistence and registration of their respective marks from taking place, including but not limited to making public disclaimers.
6. The parties shall negotiate in good faith to modify the terms of this Agreement to continue and further the purposes hereof in the event the Agreement or any provision thereof is deemed to be invalid or insufficient for the purposes intended, by the U.S. Patent & Trademark Office or any court, or administrative body of or with competent jurisdiction.
In witness whereof, the Parties have caused this Consent Agreement to be duly executed as of the date set forth above.
This excerpt taken from the RUTH 10-Q filed May 3, 2006.
This Consent Agreement dated as of , 2006, is by and among Ruths Chris Steak House, Inc., a Delaware corporation (the Company), Thomas J. Moran, a person of the full age of majority and who is domiciled in Palm Beach County, Florida (Mr. Moran), and each of the following legal children of Mr. Moran and Lois Alice Burke Moran (Ms. Moran) namely, Erin Sue Moran Thrash, a person of the full age of majority and who is domiciled in Spicewood, Texas, Elizabeth Butterfield Moran Vance, a person of the full age of majority and who is domiciled in Bay City, Texas, Megan Kathleen Moran, a person of the full age of majority and who is domiciled in Cumming, Georgia, Kathleen Andrews Moran Jensen, a person of the full age of majority and who is domiciled in Alpharetta, Georgia and Burke Thomasson Moran, a person of the full age of majority and who is domiciled in Livingston, Montana (collectively, the Moran Children).