Summary Translation of Trademark Agreement
between Intershop Holding AG ("IH")
and lntershop Communications, Inc / lntershop Communications GmbH ("IC")
May 8, 1998
Sect. 1. Actions to be taken by IC to avoid confusions
1.1 IC will not have a company registered in Switzerland or listed on a Swiss stock exchange with "Intershop" in
1.2 IC does not use "Intershop" in a tradename without an element in addition which is comparable with
1.3 In all advertisements and an all products IC uses its full tradename.
1.4 IC on its home page under "company" indicate immediately that IC is independent from IH, a company listed
on the Swiss stock exchange SWX,
1.5 IC indicates its full tradename on each page of its web site.
1.6 In its advertisements and in other announcements addressed to the Swiss public, IC indicates clearly that it is
independent from IH, a company listed on the Swiss stock exchange SWX.
1.7 Sect, 1.1 - 1.6 are valid as long a IH has "Intershop" in its tradename.
1.8 IC will not let out shopping malls and will not commercially deal with real estate in Switzerland, Liechtenstein,
Germany, Austria, France, Tschekoslovakia and in the USA under a tradename which includes "Intershop". The
same applies for countries in which I H will let out shopping malls or comrhercially deal with real estate prior to
IC. This sed. applies only where and as long as IH has "Intershop" in its tradename.
Sect. 2. Discontinuation of all litigation
Within 1 0 days after closing, IH will discontinue all court and adminstrative proceedings against IC, The parties
do not claim any compensation for their attorney's fees and split the court fees.
Sect. 3. Mutual acceptance of the validity and of the use of trademarks, tradenames and domain names
3.1 IC and IH mutually accept the validity and the use of their trademarks, tradenames and domain names in
connection with the products and services for which they are used today (IC-. development and