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(( April IS, 1?67 Hr. L. V. Sa:tby Cvens-Coming yibarglas Corporation ? 0. 3cx 501 Toledo, Ohio 43601 Dear Hr. 83:107; During our recent visit with Hr. V. D. V.mdivort and Mr. ?. 7. Suhvaitacr, v~e reviewed necessary revisions in the copy which appears on the 3C-30 and SC-40 bags. These revisions were considered Co be in our best textual interest. It VJ3 ftar Cher agreed that the SC-30 copy would include a reference on the race and back side to CUE-C0T2. Our Legal Department has raconaeeaded the following term and conditions for your nse of our registered trade mark CliB-CCTS. In consideration for Che right to use 03S-C0T5 on bags and in advertising materials, you agree as follows: 1. To use our trade nark CHS-CCTS in connection vith Z ;g!a-?ichr insulating cement only. You will not use the mark or any colorable imitation thereof or .my stark identical or confusingly similar thereto on say other goods without our prior, written permission. 2. X.3. The Etark will regia in the sole property of Eagle-Picker. All use made by you of the mark will cynfera to the accepted trade nark practise of Sagle-Pichar -Sad will inure to the benefit of Eagle?iebar. > To discontinue use of the trade -.car;: upon vriccea notice to such effect Pros Eagle-Pither; Chexcsitar you will have no rights to nor will you further use said tr ;.ie nark. Please ermeute both copies, returning the original to this offlea. Agreed: Owens-Corning ?iberglas Corn. By Date ______ ___ Vary truly yours, 713235 and H11S2ALS DI7I3IC3 Zj.gla-Picher Industries, Ir.c. 2abort L Eockstahler General S Zes Manager Fibers Department bcc: Mr. U. A. Suhre Mr. J W. Hudson UNR 007445 (( MAY FIBERGLASOWENS-CORNING CORPORATION TOUBO 9 1967 LCVWiceISMWCB. lSOACNXTBY 4 eoMMeiiMe ptvtktoM May 4, 1967 Mr. Robert L. Bockstahler General Sales Manager Fibers Department Eagle-Picher Industries, Inc. American Building Cincinnati, Ohio 45201 Dear Mr. Bockstahler: In your letter of April 18 you indicated that we could use the word ONE-COTE on our S&C cement bags subject to the condi tions outlined in the April 18 letter. Our Legal Department has reviewed this letter and has asked for clarification of the following points: 1. Paragraph 2 of the letter indicates that our use of the Eagle-Picher mark will "conform to the accepted trade mark practice of Eagle-Picher and will inure to the benefit of Eagle-Picher." Would you advise us as to Eagle-Picher's accepted practice and how you expect our use to inure to the benefit of EaglePicher. According to the dictionary the word "inure" is defined as "to pass into use, to be applied". 2. Paragraph 3 provides that upon written notice, OCF shall discontinue use of the trademark and have no rights thereafter. What provision would be made for the multitude of bags which will undoubtedly be in inventory at the time such notice is received? We suggest you add to paragraph 3 the following: "Pro vided, however, that you shall have the right to dispose of all products containing such mark pro duced prior to the date of receipt of said written notice." Just as soon as we have received clarification of these items we will execute the agreement. Very truly yours. LWS/js L. W. Saxby UNR 007446 V ( ( EAGLE-PICHER INDUSTRIES, INC. FIBERS AND MINERALS DIVISION AMERICAN BUILDING, CINCINNATI, OHIO 45201 May 12, 1967 Mr. Lewis V. Saxby Owens-Coming Fiberglas CorporaCion F. 0. Box 901 Toledo, Ohio 43601 Dear Mr. Saxby: Upon considering the text of your May 4 letter, replying to ours dated April 18, this correspondence will supersede the original items to be agreed upon that were covered on April 18. Certain revisions, discussed with Mr. Vandivort and Mr. Schweitzer are mutually agreeable in their entirety and the only item requiring con firmation is the use of our One-Cote trade name on the face and back side of your SC-30 bag. The recommendations of our Legal Department concerning this use are as follows: 1. To use our trade mark ONE-COTE in connection with Eagle-Picher insulating cement only. You will not use the mark or any colorable imitation thereof or any mark identical or confusingly similar thereto on any other goods without our prior, written permission. 2. The mark will remain the sole property of Eagle-Picher. All use made by you of the mark will conform to the accepted trade mark practice of Eagle-Picher and will inure to the benefit of EaglePicher. The accepted trade mark practice referred to requires that an asterisk will follow the term ONE-COTE wherever it appears on the bag or in advertising materials, and state at the bottom of each page or bag surface, as the case may be, that the mark is the registered trade mark of Eagle-Picher Industries, Inc., e.g., ,,l4Reg. T.M. Eagle-Picher Industries, Inc.". Of course, it is assumed that continued use and exposure of this mark by your Company will improve trade recognition and/or acceptance of the mark. 3. To discontinue use of the trade mark upon written notice to such effect and upon the sale of your then existing inventory of Eagle-Picher insulating cement in bags containing the trade mark. Thereafter you will have no rights to nor will you further use the trade mark. THE AKRON STANDARD MOLD COMPANY . CHEMICALS AND METALS DIVISION . CHICAGO VITREOL'S CORPORATION DAVIS WIRE CORPORATION ELECTRONICS DIVISION . FaBRICON PRODUCTS . FIBERS AND MINERALS Dl\ISION RUBBER PRODUCTS DIVISION. THE OHIO RUBBER COMPANV. THE PREMIER RUBBER MANUFACTURING COMPANY UNR 007447 (( Mr. Lewis W. Saxby May 12, 1967 Page 2 We trust the preceding meets with your approval and will you kindly execute both copies., returning the original to this office. Very truly yours, FIBERS and MINERALS DIVISION Eagle-Picher Industries, Inc. RLB/sm General Sales Manager Fibers Department Agreed: Owens-Coming Fiberglas Corporation By Date UNR 007448