ABSTRACT
Subject: Inquiry as to terms of purchase I am the Purchasing Manager of Sports and More Sports, the largest retailer of sporting equipment in the country of Danubia. We have recently received your announcement of the enlargement of your web site and have taken a look at it. I congratulate you on an attractive and easy to navigate site. We are continuously looking for new and additional sources of supply. We note that the Vis line of water sports equipment has not previously been sold in Danubia. If you were able to offer us sufficiently attractive terms, we would be interested in considering taking it on. Sincerely yours, Samuel Hirst Purchasing Manager Sports and More Sports, Inc 214 Commercial Ave Oceanside, Danubia Tel 555-1212, fax 555-1214
Claimant’s Exhibit No 2
E-mail From: Jonathon Singer Date: 2 April 1999 To: Samuel Hirst
Subject: Your inquiry as to terms of purchase Attach: Price list Thank you for your e-mail of 31 March 1999. We are well aware of the reputation of Sports and More Sports in Danubia as a respected and effective retailer of sporting goods. You are correct in saying that the Vis line of water sports equipment has not previously been sold in Danubia. We have long desired to enter that market, but have not previously taken the steps necessary to do so. Your interest in our goods is, therefore, very welcome. I am attaching to this message the list of goods available for export and the prices per item. You will note that these prices are FOB Capitol City. We will, of course, be willing to make transportation arrangements for your account. We would be willing to make a concession on the price of 5 percent for an order of $100,000 and 8 percent for an order of $500,000. Normally, shipment can be made within 30 days from the receipt of a firm order and a letter of credit for the invoice amount plus 10%. We can be more precise once we know the size of your order and the choice of goods that you have made. Although it is our policy not to grant exclusive dealerships, we would make a limited exception if Sports and More Sports were to place an order for a minimum of $1,000,000. In that case we would be willing to commit not to sell to any other sporting goods dealer in Danubia for a period of one year. You will find our general conditions of sale on our web site [URL omitted]. I look forward to hearing from you. Sincerely yours,
Jonathon Singer Sales Manager Vis Water Sports Co 395 Industrial Place Capitol City, Equatoriana Tel 483-5800, fax 483-5810
Claimant’s Exhibit No 3
E-mail From: Samuel Hirst Date: 5 April 1999 To: Jonathon Singer Subject: Purchase order Attach: Purchase order No 6839; Conditions of purchase. (Not reproduced except for arbitration clause in Conditions of Purchase set out in Request for Arbitration.) Dear Mr Singer: We have reviewed your e-mail and the attached price list. We find your offer attractive and we wish to make a moderate sized first order so as to be able to evaluate the market for the Vis brand of water sports equipment in Danubia. I am attaching to this message our purchase order No 6839. You will notice that the total order is for list price $100,000. With the 5 percent discount, our purchase total will be $95,000. We would ask you to let us know the firm shipping dates that we can expect. We would indeed ask you to arrange the shipping. As soon as you have an estimate of the shipping costs, we will establish the letter of credit that you asked for. We look forward to a long and profitable relationship with Vis Water Sports. For your reference I have attached our General Conditions of Purchase, which are part of our purchase order. Sincerely yours, Samuel Hirst Purchasing Manager Sports and More Sports, Inc 214 Commercial Ave Oceanside, Danubia Tel 555-1212, fax 555-1214
Claimant’s Exhibit No 4
E-mail From: Jonathon Singer Date: 6 April 1999 To: Samuel Hirst
Subject: Your inquiry as to terms of purchase Attach: Pro forma invoice (Not reproduced) Thank you for your purchase order. We will be able to ship by 5 May 1999. The pro forma invoice that is attached includes $7,000 for shipping and
insurance, for a total of $102,000. We would, therefore, request you to establish a letter of credit for $112,200. I should like to remind you that our General Conditions of Sale, which we include in all sales contracts, are available at [URL omitted]. I suggest that you take a look at them. If you have any questions about your order or about any of the Vis Water Sports equipment, please feel free to ask. Sincerely yours, Jonathon Singer Sales Manager Vis Water Sports Co 395 Industrial Place Capitol City, Equatoriana Tel: 483-5800, fax: 483-5810
Claimant’s Exhibit No 5
E-mail From: Samuel Hirst Date: 27 May 1999 To: Jonathon Singer
Subject: Purchase order Attach: Purchase order No 6910 Dear Mr Singer: The first shipment of equipment from Vis Water Sports Inc has arrived and we are delighted with them. Therefore, we would like to make our initial purchase larger than anticipated. I am attaching our purchase order No 6910 for additional goods totaling list price $500,000. Since you already have a copy of our General Conditions of Purchase, I need not attach them to this order. As before, we will establish a letter of credit. Please inform me of shipping dates. Sincerely yours, Samuel Hirst Purchasing Manager Sports and More Sports, Inc 214 Commercial Ave Oceanside, Danubia Tel 555-1212, fax 555-1214
Claimant’s Exhibit No 6
E-mail From: Jonathon Singer Date: 28 May 1999 To: Samuel Hirst
Subject: Your inquiry as to terms of purchase I hereby acknowledge receipt of your purchase order No 6910. Since you have re-ordered so quickly, even before you have had the opportunity to see how the Vis Water Sports equipment will sell, for purposes of establishing the appropriate discount, we have treated your two purchase orders as one purchase. That means you will effectively receive the 8 percent discount on your PO 6839 rather than the 5 percent discount previously calculated. Although our pro forma invoice will be sent separately, I will set out our calculation below. PO 6839 $100,000 PO 6910 500,000
Sub-total 600,000 Discount 8% 48,000
552,000 Shipping 6839 7,000 Shipping 6910 26,000
Total $585,000 Paid on 6839 102,000
Due $483,000
Therefore, the total is $483,000, including transport and insurance of $26,000 on the current shipment. You can expect the goods to be shipped by 20 June 1999. Sincerely yours, Jonathon Singer Sales Manager Vis Water Sports Co 395 Industrial Place Capitol City, Equatoriana Tel 483-5800, fax 483-5810
Claimant’s Exhibit No 7
Vis Fish Company 14 Water Street
Port City, Danubia 20 September 1999
Sports and More Sports, Inc 214 Commercial Ave Oceanside Dear Sirs: Your recent advertisements in all the major newspapers in Danubia that feature Vis Water Sports equipment and that use the slogan ‘like a fish in water’ have come to our attention. We should like you to know that ‘Vis’ is registered in Danubia as a trademark covering all water-related products and it belongs to the Vis Fish Company. Your advertisement and sale of goods bearing the name ‘Vis’ are, therefore, in violation of our trademark. The violation is particularly egregious because of the slogan associated with the Vis Water Sports equipment ‘like a fish in water’. It evokes an obvious association between the use of the equipment and the fish that we sell under our trademark Vis, which means fish in the Dutch language. We would ask you to promptly withdraw all advertisements that use our trademark ‘Vis’ and to stop selling any goods under that name. We would ask you to respond to this letter and to tell us the measures you have taken to be sure that you are no longer violating our rights to the ‘Vis’ trademark. Sincerely, Kurt Streng Managing Director
Claimant’s Exhibit No 8
Sports and More Sports, Inc 214 Commercial Ave Oceanside, Danubia
4 October 1999 Mr Kurt Streng Managing Director Vis Fish Company 14 Water Street Port City Dear Mr Streng: I refer to your letter dated 20 September 1999 in which you claim that Sports and More Sports, Inc is violating your registered trademark ‘Vis’ by advertising and selling equipment in Danubia under the trademark ‘Vis Water Sports’. I must reject your demand that Sports and More Sports cease advertising and selling equipment under the ‘Vis Water Sports’ brand. There is no likelihood that anyone would confuse athletic equipment, even that used for water sports, with the fish and fish products that I now understand are sold by your company. The markets and the nature of the products are simply too different. May I suggest, however, that there might be possibilities for joint promotion of the Vis name. I would be pleased to be in contact with Vis Water Sports, Co to inquire whether they might be interested. If you find this to be of interest, please let me know. Sincerely, Thomas Kent President
Claimant’s Exhibit No 9
Vis Fish Company 14 Water Street
Port City, Danubia 15 October 1999
Mr Thomas Kent, President Sports and More Sports, Inc 214 Commercial Ave Oceanside Dear Mr Kent: I was sorely disappointed in your letter dated 4 October 1999 in which you refused to cease advertising and selling water sports equipment under the brand name ‘Vis Water Sports’.
