Boston Pizza International Inc.

Boston Pizza International Inc.
Boston Pizza Royalties Income Fund
TSX : BPF.UN

Boston Pizza Royalties Income Fund

March 07, 2008 17:29 ET

Boston Pizza International Inc. and Boston Pizza Royalties Income Fund Announces Settlement With Boston Market

VANCOUVER, BRITISH COLUMBIA--(Marketwire - March 7, 2008) - Boston Pizza International Inc. ("BPI"), Boston Pizza Royalties Income Fund (TSX:BPF.UN) (the "Fund"), and Boston Market Corporation ("Boston Market") announce that they have entered into a Trademark Co-Existence and Settlement Agreement settling all ongoing litigation between the parties and other parties currently or formerly related to Boston Market. The litigation involving BPI, the Fund, Boston Market and other parties relates to Boston Market's decision to begin operating Boston Market restaurants in Canada in 2002. Boston Market restaurants ceased operating in Canada in 2004.

The Trademark Co-Existence and Settlement Agreement resolves the trademark infringement action commenced by BPI and the Fund against Boston Market and related parties, the trademark expungement proceedings and counterclaim commenced by the Boston Market and related parties against BPI and the Fund relating to various trademarks owned by the Fund and used by Boston Pizza restaurants in Canada, as well as various trademark applications made by the Boston Market or related parties and opposed by BPI.

The principal terms of the Trademark Co-Existence and Settlement Agreement include:

(a) Boston Market has agreed that for a five-year period it will not apply to register in Canada or use in Canada any trademark that incorporates the words "Boston" or "Boston Market" in association with restaurants or any food or beverage products other than pre-packaged food products (not including pizza and lasagna) intended for consumption at home and distributed through retail distribution channels other than restaurants;

(b) BPI and the Fund have agreed not to challenge the registration in Canada or the use in Canada by Boston Market of the trademark "BOSTON MARKET" in association with pre-packaged food products (not including pizza and lasagna) intended for consumption at home and distributed through retail distribution channels other than restaurants;

(c) Boston Market has agreed that for a five-year period it will not challenge the registration in Canada or the use in Canada by the Fund or BPI of any trademark that uses the words "Boston" or "Boston Pizza" (except for certain trademarks of Boston Market such as "BOSTON MARKET", "BOSTON CHICKEN", and "BOSTON HEARTH");

(d) Boston Market will comply with various trade-dress restrictions; and

(e) no compensation will be paid by any party in relating to the Trademark Co-Existence and Settlement Agreement.

The Trademark Co-Existence and Settlement Agreement ends more than ten years of litigation between the parties and their predecessors and allows the parties to plan their future business operations knowing their respective rights and obligations.

The trustees of the Fund have approved the contents of this news release.

® Boston Pizza Royalties Limited Partnership. All Boston Pizza registered Canadian trade-marks and unregistered Canadian trade-marks containing the words "Boston", "BP", and/or "Pizza" are trade-marks owned by the Boston Pizza Royalties Limited Partnership and licensed by the Boston Pizza Royalties Limited Partnership to Boston Pizza International Inc.

(C) Boston Pizza International Inc. 2008

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