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"SETTLEMENT AGREEMENT

This Agreement by and between Ohio University ("Ohio"), a state university of the State of Ohio, with offices at Pilcher House, 10 E. Union Street, Athens, Ohio 45701-2979, and The Ohio State University ("Ohio State"), a state university of the State of Ohio, with offices at 190 North Oval Mall, Columbus, Ohio 43210, is effective this 24th day of May, 1999.

WHEREAS, Ohio has used the designation "OHIO" as a trademark in connection with goods and services appertaining to it as a public institution of higher education, including organizing and conducting collegiate athletic competitions and musical performances since at least as early as 1897, and in connection with clothing since at least as early as 1935; and is the owner of a U.S. trademark registration, Reg. No. 1,893,175, issued May 9, 1995 in Class 25 for "OHIO", in connection with "clothing; namely sweatshirts, golf shirts, t-shirts, shorts, jackets, tank tops, hats, sweat pants, scarves, socks, and athletic uniforms; namely, cheerleading outfits"; and in Class 41 for entertainment services; namely, organizing and conducting collegiate athletic competitions, and "entertainment services; namely, musical performances"; and a pending U.S. trademark application, Serial No. 75-152,074, filed August 19, 1996, for "OHIO" in conjunction with a design, referred to by the applicant as the "Attack Cat" logo, in connection with "clothing; namely, sweatshirts, golf shirts, t-shirts, shorts, jackets, tank tops, hats, sweat pants, scarves, socks and athletic uniforms; and entertainment services; namely organizing and conducting athletic competitions;" and

WHEREAS, Ohio State has used the designation "OHIO STATE" as a trademark in connection with goods and services appertaining to it as a public institution of higher education, including providing college level educational courses, college sport exhibition events and recreation programs, and dramatic and musical entertainment events since at least as early as 1878; in connection with clothing since at least as early as 1900, and in connection with other goods; and is the owner of U.S. trademark registrations for OHIO STATE, including Reg. No. 1,152,682, issued April 28, 1981 in a series of Classes in connection with "providing college sport exhibition events & recreation programs, providing dramatic & musical entertainment events & providing college level educational course"; and Reg. No. 1,294,144, issued September 11, 1984 in Class 25 for "clothing; namely t-shirts, ties, scarves, bibs, sweatshirts, shorts, hats, aprons, jogging suits, sweaters" and other goods; and

WHEREAS, Ohio desires to maintain its ownership of its trademark registration No. 1,893,175 of "OHIO" without opposition from Ohio State; and obtain trademark registration of its U.S. trademark application Serial No. 75-152,074, also without opposition from Ohio State, and

WHEREAS, Ohio State desires to preserve its use of "OHIO" consistent with its historic and/or present uses of "Ohio", and

WHEREAS, the parties desire to settle their current litigation on the terms and conditions set forth herein to assure that their respective uses of "OHIO" do not give rise to a likelihood of confusion to the public.

NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties hereby agree as follows:

I. Ohio State's use of "OHIO" for historical traditions

A. Ohio State may use the word "OHIO" as an integral part of the following designations as such designations have historically been used or are presently being used by Ohio State, whether or not they have been used as trademarks, as well as in connection with licensed merchandise, without triggering the provisions of Section IV of this Agreement. Representative examples of Ohio State's historic and/or present uses include, but are not limited to, the following:

1 Ohio Stadium

2 Carmen Ohio

3 "Ohio" in script form, i.e., as depicted by The Ohio State University Marching Band

B. Ohio State may use the word "OHIO" as an integral part of musical compositions and cheers; and as accessories used during performances of said composition and cheers in the future in any manner consistent with its historic and/or present usage. Representative examples of Ohio State's historic and/or present uses include, but are not limited to, the following:

1. Across the Field

2. Buckeye Battle Cry

3. Fan Cheers

4. Bass Drum of The Ohio State University Marching Band

5. Flags

6. Cheerleaders' uniforms

II. Ohio State's use of "OHIO" for apparel and licensed merchandise

A. Ohio State may use the word "OHIO" alone or as an integral part of the following:

1. Ohio State may use "OHIO" for apparel and/or licensed merchandise in the manner consistent with its historic and/or present uses as of the date of this Agreement. Ohio State may use "OHIO" on or in connection with historical, biographical and documentary materials, commemorative merchandise, and events consistent with Ohio State's historical traditions. By way of example only, Ohio State may use "OHIO" in connection with activities concerning, or merchandise commemorating, the life and academic and athletic career of Mr. Jesse Owens or any other former Ohio State athlete or Ohio State athletic teams, provided that such usage shall be consistent with the uses of "OHIO" made by Ohio State during the life of Mr. Owens or such other Ohio State athletes or athletic teams, such as on track jerseys and sweatshirts worn by Mr. Owens, or uniforms worn by an Ohio State baseball team.

2. Ohio State may use "OHIO" on or in connection with commemorative or contemporary merchandise that reflects the uses in Section I.A.1-3 above.

B. Ohio State agrees that it will not use the designation "OHIO" in connection with its athletic team uniforms or for apparel and/or licensed merchandise, except for historical and/or present uses consistent with the terms of this Agreement.

III. Proceedings before the Trademark Trial and Appeal Board (TTAB)

A. Ohio State agrees that it shall withdraw its opposition to Ohio's U.S. trademark application, Serial No. 75-152,074, with prejudice, and Ohio agrees that it shall consent to the withdrawal of said actions. Ohio State agrees that it shall withdraw its challenge to Ohio's U.S. trademark Reg. No. 1,893,175, Ohio's U.S. trademark application Serial No. 75-152,974, or any registration resulting therefrom, with prejudice. Ohio State agrees that it shall not challenge any use of the designation "OHIO" not expressly reserved to Ohio State under this Agreement, and hereby releases Ohio from any and all claims of trademark infringement or unfair competition, presently known or hereafter discovered, and arising from Ohio's use of the designation "OHIO" prior to the date of this Agreement. None of the actions taken pursuant to this section shall be construed as a concession by The Ohio State University as to the merits of its claims or the merits of Ohio University's counterclaim.

B. Ohio agrees that it shall withdraw its counterclaim for cancellation of Ohio State's U.S. trademark Reg. Nos. 1,152,682 and 1,294,114, with prejudice, and Ohio State agrees that it shall consent to the withdrawal of said actions. Ohio agrees that it shall not challenge Ohio State's U.S. trademark Reg. Nos. 1,152,682 or 1,294,114. Ohio agrees that it shall not challenge any use of the designation "OHIO" in accordance with this Agreement by Ohio State, and hereby releases Ohio State from any and all claims of trademark infringement or unfair competition, presently known or hereafter discovered, and arising from Ohio State's use of the designation "OHIO" prior to the date of this Agreement. Ohio agrees to cooperate with and provide written consents for Ohio State's use and trademark registration of terms that include the word "Ohio" as permitted under this Agreement. By way of example only, Ohio will provide consents to Ohio State in connection with Ohio State's pending federal trademark/service mark applications to register "Ohio Stadium" (Serial numbers 75/312,636; 75/312,637 and 75/346,960); and Ohio will provide consents to Ohio State for trademark registration of the term "Script Ohio", in the form as historically and presently depicted by The Ohio State University Marching Band. Ohio further agrees not to use or register "OHIO" in scarlet and grey, specifically including "Script Ohio" in scarlet and grey, or use or attempt to register "OHIO" in any manner that would represent or suggest a connection, sponsorship or affiliation with Ohio State.

None of the actions taken pursuant to this section shall be construed as a concession by Ohio as to the merits of its counterclaim or the merits of Ohio State's claims.

IV. Future uses of "OHIO" by Ohio State

A. If Ohio State uses "OHIO" in a manner inconsistent with the uses set forth in this Agreement, the President of Ohio or his/her designee, may contact the President of Ohio State, who both shall review the use by Ohio State under the criteria of whether the use reflects a permitted use consistent with the uses and intent of this Agreement, given the historical traditions of Ohio State.

B. lf the presidents cannot resolve Ohio's concerns, they will submit the concern to the Ohio Attorney General for assistance with mediation and/or other recommended alternative dispute resolution (ADR) methods to resolve the concern as an alternative to litigation.

V. Third-Party Uses

A. In the event that any third party makes use of "OHIO" in a way that Ohio State believes suggests a connection, sponsorship or affiliation with Ohio State, then Ohio State may request Ohio to cooperate and/or join with Ohio State in taking legal action to enjoin such third-party activity. Ohio agrees not to unreasonably withhold its full cooperation in such an action at Ohio State's expense.

B. In the event that any third-party makes use of "OHIO" in a way that Ohio believes suggests a connection, sponsorship or affiliation with Ohio University, then Ohio may request that Ohio State lend its cooperation and support in any legal action instituted by Ohio to enjoin such third-party activity. Ohio State agrees not to unreasonably withhold its full cooperation in such an action at Ohio's expense.

VI. Integration Clause

This Agreement has been entered into with the knowledge of the board of trustees of both state universities and contains the entire agreement between the parties and is a complete settlement between Ohio State and Ohio relating to the use of "OHIO". No oral statements or representations have been made by either party except as set forth in this document. This Agreement may be amended only in a written instrument which references this Agreement and which is signed by both Ohio State and Ohio."