Amendment No. 3 to License Agreement between Mossimo, Inc. and Target Brands, Inc.

Summary

This amendment, dated June 20, 2003, is between Mossimo, Inc. (Licensor) and Target Brands, Inc. (Licensee), with Target Corporation acknowledging. It modifies their existing license agreement by removing certain trademarks from the list of licensed marks. The revised list of trademarks is attached and replaces the previous version. All other terms of the original agreement remain unchanged. The amendment is governed by California law and may be signed in counterparts.

EX-10.1 3 mossimo_10qex10-1.txt Exhibit 10.1 AMENDMENT NO. 3 THIS AMENDMENT is made and entered into as of 20th day of June, 2003, by and between MOSSIMO, INC., a Delaware corporation with offices located at 2016 Broadway, Santa Monica, CA 90404 ("LICENSOR"), and TARGET BRANDS, INC., a Minnesota corporation with offices located at 1000 Nicollet Mall, Minneapolis, MN 55403, and a wholly owned subsidiary of Target Corporation, a Minnesota corporation ("LICENSEE"). WHEREAS, Assignor and Licensor entered into that certain License Agreement dated as of March 28, 2000, and amended on February 1, 2002 and February 2, 2003 (as amended, the "Agreement"); WHEREAS, the parties desire to amend the Agreement in the manner set forth herein. NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. CAPITALIZED TERMS. Capitalized terms used and not defined herein shall have the same meaning as in the Agreement. 2. The parties hereby amend the Agreement to delete the following Trademarks from Exhibit A: MOSSIMO AND BADGE Design Class 25 Reg. No. 1813793 MOSSIMO AND M DESIGN Class 9 Reg. No. 1775768 MOSSIMO AND M DESIGN Class 25 Reg. No. 1620035 MOSSIMO FOOTWEAR Class 25 App. No. 75/768844 MOSSIMO FOOTWEAR Class 35 App. No. 75/767903 3. The revised Exhibit A attached to this Amendment No. 3 shall supersede and replace the previous version. 4. GOVERNING LAW. This Amendment shall be governed by and construed in accordance with the laws of the State of California without regard to its choice of law principles. 5. COUNTERPARTS. This Amendment may be executed by facsimile and in one or more counterparts, all of which shall be considered one and the same agreement. 6. FULL FORCE AND EFFECT. Except as expressly amended herein, all of the terms and conditions contained in the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 as of the date first above written. TARGET BRANDS, INC. MOSSIMO, INC. By: /s/ Erica C. Street By: /s/ Mossimo Giannulli ---------------------------- ---------------------------- Erica C. Street Mossimo Giannulli President Chief Executive Officer ACKNOWLEDGED: TARGET CORPORATION By: /s/ Patricia M. Adams ---------------------------- Patricia Adams Sr. Vice President 2 EXHIBIT A TRADEMARKS ---------- REGISTRATIONS - ------------- TRADEMARK CLASS REGISTRATION NUMBER REGISTRATION DATE M IN A BOX DESIGN 25 1611314 28 Aug 1990 MOSS 9 ###-###-#### 05 May 1998 MOSS ###-###-#### 12 May 1998 MOSSIMO (Block) 3 ###-###-#### 18 Sep 2001 MOSSIMO (Block) 9 1746343 12 Jan 1993 MOSSIMO (Block) 14 ###-###-#### 08 Apr 1997 MOSSIMO (Block) 25 1551068 08 Aug 1989 MOSSIMO (Stylized) 3 ###-###-#### 09 Jul 2002 MOSSIMO (Stylized) 9 ###-###-#### 14 Mar 2000 MOSSIMO (Stylized) 14 ###-###-#### 15 Apr 1997 MOSSIMO (Stylized) 18 ###-###-#### 11 Apr 2000 MOSSIMO (Stylized) 25 ###-###-#### 03 Nov 1998 MOSSIMO (Stylized) 42 1970116 23 Apr 1996 MOSSIMO (Stylized) 42 1984437 02 Jul 1996 MOSSIMO GIANNULLI 9 ###-###-#### 12 May 1998 MOSSIMO GIANNULLI ###-###-#### 05 May 1998 APPLICATIONS - ------------ TRADEMARK CLASS REGISTRATION NUMBER REGISTRATION DATE BABY MOSS 25 76/034442 12 Apr 2000 MOSS 14,18 76/056284 24 May 2000 MOSS (divided out) 3 75/981026 24 May 2000