Elsa Peretti |
TIFFANY & CO will continue its relationship with world-renowned jewellery designer Elsa Peretti, according to a U.S. Securities and Exchange Commission.
Under the agreement, the international luxury retail jeweller will continue to be the exclusive sales outlet for jewellery created by Peretti. Since 1974, Tiffany has been the sole licensee for the intellectual property rights (Peretti Intellectual Property) necessary to make and sell Peretti-designed products under her trademarks.
The new agreement, which has a term of 20 years, was finalised on December 27, 2012, according to the 8K SEC filing. Under the amended terms, “Peretti grants Tiffany an exclusive license, in all of the countries in which Peretti-designed jewellery and products are currently sold, to make, have made, advertise and sell these items, which are made in conformance to Peretti’s designs and bear her trademarks.”
Elsa Peretti |
Tiffany & Co Elsa Peretti Teardrop pendant |
The new agreement is terminable by Peretti “only in the event of a material breach by Tiffany or upon a change of control of Tiffany,” according to the SEC filing. Tiffany can terminate the agreement “only in the event of a material breach by Ms. Peretti or following an attempt by Ms. Peretti to revoke the exclusive licence.”
Tiffany & Co Elsa_Peretti Open Heart pendant |
In addition, Peretti retains ownership of the Peretti Intellectual Property and exercises approval and consultation rights with respect to important aspects of the promotion, display, manufacture and merchandising of licensed products. The agreement further requires Tiffany to display the licensed products in stores, to devote a portion of its advertising budget to the promotion of Peretti products, to increase the inventory of non-jewellery licensed products (that inventory averaged approximately $4 million during the past 60 months) and to protect the use and registration of the Peretti Intellectual Property.
During the term of the agreement, Peretti may not sell, lease or otherwise dispose of the Peretti Intellectual Property unless it has the approval of Tiffany. The agreement also provides that any heir, estate, trustee or permitted successor or assignee of Peretti will be bound by its terms.
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