Viaspace, Inc. (VSPC)

[hedge_fun]

VGREF now has the trademark to Giant King® ......

Trademarks

The Company has registered United States trademarks for “GREEN LOG ® ” and “GIANT KING ® ”.

But this is why VSPC will never get a long term agreement to amount to anything. They have a sub sub sub license. See Page 9 linked below.

Our agreement with China Gate does not provide for any protection of the Giant King Grass intellectual property. If a party, which could include China Gate, disputes our rights to, development or commercialization of GKG, our grass business may be severely limited or terminated.

We entered into an agreement with China Gate to purchase seedlings of GKG and other grasses and to cooperate with China Gate to grow, develop and commercialize GKG in China and North America. This agreement did not grant any specific rights to the GKG intellectual property, which we believe to be owned by a third party from which China Gate acquired GKG; however, our agreement with China Gate does not restrict our right to grow, develop or commercialize GKG. China Gate has orally informed us that they have an exclusive license to the GKG in Guangdong province and North America and it has orally granted to us an exclusive sublicense in the same region. Our written and oral agreements with China Gate have no term or notice provision and, therefore, can be terminated at any time without notice. However, because we do not have a direct relationship with the owner of the intellectual property, any material adverse effect to the GKG license held by China Gate would affect our rights as an oral sublicensee.

It is our understanding that the original licensor is aware of our oral and written agreements with China Gate and has consented to them. However, because our license with respect to GKG is oral, not in writing, a party, including China Gate or the original licensor, could challenge our right to grow, develop or commercialize GKG. If we chose not to dispute any such challenge, our grass business may be severely limited or terminated. If we elected to argue against any such challenge, we could expend significant resources and still not be assured that our grass business would not be severely limited or terminated.


http://ih.advfn.com/p.php?pid=nmona&article=61858623