Document 8VYo2gEbr6eE7DQJYEnNKEzGB

PLAINTIFF'S EXHIBIT l ACREKHEHT THIS AGREEMENT, made this day of March, 1952, by and between CHICAGO BELTING COMPANY, a corporation of DELAWARE, located at Chicago, Illinois, hereinafter referred to as "Applicant", and GRIZZLY MANUFACTURING COMPART, a corporation of California, located at Paulding, Ohio, hereinafter referred to ae "Opposer", WITNESSETH, THAT, WHEREAS, Applicant has applied for regietration of the trade mark "OLD GRIZZLY" for leather belting in Class 35, Belting,Hose, Machinery Packing, and Nonnetallic Tires, Serial No. 583*568 filed Auguet 17, 1949, under the Act of 1946, which trade mark was published Aunust 21, 1951, in the Official Caaette of the Patent Office, Toluae 649, No. 3, Page 646) and WHEREAS, Opposer filed a Notice of Opposition to said regis tration on September 18, 1951, as Opposition No. 30,852, which opposition is etill pending| and WHEREAS, Oppoeer is the owner and user of the trade marks "GRIZZLY", GRIZZLY SYNCRO-SET", GRIZZLY SAFTIDOND" and "GRIZZLY SILVERTIP" as its trade marks for brake lining and brake blocks, and has in the past used said trade mark "GRIZZLY" for rubber traneaission and conveyor belting and may wish to resume euch use thereon) and WHEREAS, Opposer is the owner of the following Certificates of Registration issued by the United States Patent Offices No. 312,067 dated April 17, 1934, republished under the Act of 1946, for the trade mark "GRIZZLY" for brake lining) No. 382,014 dated October 15, 1940, republished under the Act of 1946, for the trade mark "GRIZZLY STNCRO-SET" for brake lining) No. 439,639 dated July 6, 1946, for the trade nark "GRIZZLY SAFTIDOND" for brake lining) and -1- MAR 003388 WHEREAS, it is the desire of the parties to settle the opposi tion proceeding aforesaid, and WHEREAS, Applicant is willing to limit his registration and use of said trade mark "OLD GRIZZLY" solely to leather belting in Class 35, reserving its right to use the trade nark "OLD BRIZZLY" under Re gistration Ho. 530,147 for Textile Machinery Farts, namely - lugs, check atrape, buffer straps and harness straps in Class 23, and Oppoeer does not object to Applicant's use of said mark or to the issuance of said registration in view of such limitationf NOW, THEREFORE, for end in consideration of the mutual cov#' n&nts hereinafter set forth and their faithful performance, the parties hereto agree as follows! - (1) Oppoeer agrees to withdraw and/or dismiss its Notice of Opposition aforesaid. (2) Applicant agrees not to use the trade aark "OLD GRIZZLY" % on or in connection with the sale of any goods or commodities other than leather belting and the textile machinery parts in Class 23 as listed above. (3) The covenants and agreements herewith made shall be bind ing upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the partiee hereto have caused this agree ment to be executed in duplicate as of the day end year firat above written. Attesti / (' SECflEiAHY GRIZZLY MANUFACTURING COMPANY, Opposer -2- MAR 003389