§ 3501. — Exclusive territorial licenses to manufacture, distribute, and sell trademarked soft drink products; ultimate resale to consumers; substantial and effective competition.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC3501]
TITLE 15--COMMERCE AND TRADE
CHAPTER 61--SOFT DRINK INTERBRAND COMPETITION
Sec. 3501. Exclusive territorial licenses to manufacture,
distribute, and sell trademarked soft drink products; ultimate
resale to consumers; substantial and effective competition
Nothing contained in any antitrust law shall render unlawful the
inclusion and enforcement in any trademark licensing contract or
agreement, pursuant to which the licensee engages in the manufacture
(including manufacture by a sublicensee, agent, or subcontractor),
distribution, and sale of a trademarked soft drink product, of
provisions granting the licensee the sole and exclusive right to
manufacture, distribute, and sell such product in a defined geographic
area or limiting the licensee, directly or indirectly, to the
manufacture, distribution, and sale of such product only for ultimate
resale to consumers within a defined geographic area: Provided, That
such product is in substantial and effective competition with other
products of the same general class in the relevant market or markets.
(Pub. L. 96-308, Sec. 2, July 9, 1980, 94 Stat. 939.)
Short Title
Section 1 of Pub. L. 96-308 provided that: ``This Act [enacting this
chapter] may be cited as the `Soft Drink Interbrand Competition Act'.''
Suspension of Statute of Limitations on Institution of Antitrust
Proceedings by United States; Enforcement of Trademark Licensing
Agreement Provisions Concerning Soft Drink Products
Section 4 of Pub. L. 96-308 provided that: ``In the case of any
proceeding instituted by the United States described in subsection (i)
of section 5 of the Clayton Act (relating to suspension of the statute
of limitations on the institution of proceedings by the United States)
(15 U.S.C. 16(i)) which is pending on the date of the enactment of this
Act [July 9, 1980], that subsection shall not apply with respect to any
right of action referred to in that subsection based in whole or in part
on any matter complained of in that proceeding consisting of the
existence or enforcement of any provision described in section 2 of this
Act [this section] in any trademark licensing contract or agreement
described in that section.''
Section Referred to in Other Sections
This section is referred to in section 3502 of this title.
