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:

  1. The brand will have to be demerged/sold with the Wilhelmsen brand name accompanying the sale for a very limited time period
  2. 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.
  3. Wilhelmsen can evaluate to free the original name of the service brand to the purchasing party.
  4. 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.

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