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Last Updated:
Feb 28th, 2007 - 17:15:28 |
FasTags® is The Original Shrinking ID Tag
There has been some confusion in the market place about whether FasTags® are the same shrinking ID Tags originally made by FasTags, Inc. The answer is simple... there is only one FasTags®. FasTags® are the Original Shrinking ID Tags!
In August 2003, permission was granted by Judge Alberts of the U.S. Bankruptcy Court in Santa Ana, California for Cynthia Kirkeby to acquire substantially all of the assets of FasTags, Inc. after her partner placed the original corporation into bankruptcy over her objections.
Part of the sale was for the trademarks and copyrights, including the trademarked name FasTags® and all of the product designs. The original corporation, FasTags, Inc., was still in litigation in both the state and federal courts, so the decision was made to call the resurrected company Project Fastags, Inc.
See the following excerpt of the Asset Purchase Agreement below, which show that the valid purchaser of the FasTags assets was Cynthia Kirkeby.
Recently our competitor and former partners attempted to invalidate our trademarks. They were unsuccessful. Judge Carter of the California Federal Court certified the validity and ownership of our federally registered trademarks including FasTags®, Because Identity Is Everything®, The Tag That Shrinks®, and The Tag You Make At Home®,
Accept no substitute. Please buy FasTags®, The Original Shrinking ID Tag!
PURCHASE AND SALE AGREEMENT
This Purchase and Sale Agreement ("Agreement") is entered into as of June 5, 2003 by and between Cynthia Kirkeby ("Buyer") and Thomas H. Casey, Chapter 7 Trustee ("Trustee" or "Seller") for the bankruptcy estate of In re Fastags, Inc., (�Debtor�) Case No. SA 02-19819 RA, pursuant to the following terms and conditions:
WHEREAS, the Debtor filed a voluntary petition for relief under Chapter 7 of the Bankruptcy Code on December 23, 2002 (the �Petition Date�).
WHEREAS, Thomas H. Casey is the duly appointed, qualified and acting Chapter 7 Trustee for the Debtor's bankruptcy estate (the �Estate�) and is authorized to administer the assets of the Estate.
WHEREAS, Seller desires to sell and Buyer desires to purchase all of the Estate�s interest, if any, in only those certain assets of the Estate specifically described in Exhibit A attached hereto and incorporated herein by this reference (�Assets�), pursuant to the terms and conditions set forth below. Buyer shall acquire all of the Estate�s interest, if any, in the Assets. The defined term �Assets� means all of the Estate�s interest, if any, in those assets listed in Exhibit A.
Exhibit A
The Assets to be sold to Buyer pursuant to this Agreement are the Estate�s interest, if any, as follows:
1. All of the Estate�s right, title and interest, if any, in any and all furniture, fixtures, equipment, supplies, tools, dies, negatives, printing plates, artwork, products, the right to sell such products, and computer hardware and software of the Debtor, wherever located. The Estate shall have the right to access all documents and files including those located in the computer or the computer hard drive as of the Effective Date of this Agreement upon reasonable notice, and shall be allowed to obtain copies of all such documents and files upon reasonable notice at its expense.
2. All of the Estate�s right, title and interest, if any, in any and all of the Debtor�s inventory, wherever located, and the right to sell such inventory.
3. All of the Estate�s right, title and interest, if any, in claims for post-petition diminution of the Assets described in Sections 1 and 2 hereof.
4. All of the Estate�s right, title and interest in any and all of the Debtor�s customer lists, and books of business.
5. All of the Estate�s right, title and interest, if any, in the following: (a) intellectual property used by the Debtor in the operation (or former operation) of its business; (b) all patents and patent applications, invention disclosures, inventor�s certificates, reexaminations, reissues, trademark applications, trademark registrations, trade names, brand names, and names (including without limitation including the name �FasTags� whether protected by intellectual property law or not), trade secrets, domain names, copyrights, copyright registrations, and licenses; and (c) all books, records, logs, papers, files, location files, correspondence, reports, account information, and other written material relating to or describing the Assets.
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