Scenario 4: Demerger / Sale of a product & service brand that became a sub-entity
SCENARIO 4: Demerger/Sale of a product & service brand that became a sub-entity (e.g. Ships Service or Ship Management)
When selling/demerging a service brand (definition: people rendering services) that has been integrated into an existing sub-entity, we encounter a brand control and equity issue as the service is actually a Wilhelmsen brand, in this case, Hydroenergy Consulting:
- The brand will have to be demerged/sold with the Wilhelmsen brand name accompanying the sale for a very limited time period
- People, services, competence, client data, processes, trademarks and patents follow the sale in full, however Wilhelmsen needs to secure:
• that the Wilhelmsen brand name is removed from the branding within 6 months of the demerger/sale of the entity.
• the purchasing party does not endorse the Wilhelmsen branded entity in the transition period.
• that all connections to the Wilhelmsen brand (web links, emails, marketing materials, press releases) are removed within 6 months of the demerger/sale of the entity
• that the purchasing party integrates the service under their own branding, alternatively creates a new brand within 6 months of the demerger/sale of the entity
• that the purchasing party under no circumstances is allowed to use the Wilhelmsen brand to position the brand under their own umbrella after the demerger/sale of the entity if not otherwise agreed. - Wilhelmsen can evaluate to free the original name of the service brand to the purchasing party.
- Wilhelmsen needs to address communications and closely monitor brand movements and presence in the transition period.
Example: Wilhelmsen sells/demerges the hydroenergy consulting business to JUST
ATT: Under no circumstances shall the Wilhelmsen brand be combined with the brand of the purchasing party.
