Chapter 7 Bankruptcy No. 12-50010 (GFK)
Intellectual and Personal Property
Launched in 2003 by Infinite Spirits, Inc., SHAKERS Vodka is an ultra premium American spirit and brand.
SHAKERS won rave accolades, scoring a perfect 100 from Wine Enthusiast, a first for a vodka, along with double gold medals and Best of Show from the San Francisco Spirit Competition. Created by the founders of Pete’s Wicked Ale, a craft brewing phenomena, SHAKERS Vodka offers solid and unique product lines for a new owner.
Notwithstanding SHAKERS being an exceptional product, Infinite Spirits Inc., its parent company, filed a Chapter 7 Bankruptcy petition in January 2012. The SHAKERS brand will be sold along with the bottling equipment. SHAKERS Brand includes: recipes and processes, patents for the bottle design, trademarks for penguin and SHAKERS name.
CORRECTION/UPDATE: June 20, 2012, the bankruptcy trustee has determined that Infinite Spirits, Inc. is not the owner of a patent for an "extractive distillation package," as described in the auction brochure. Patent #D489627 will be sold at auction as part of Lot #1, but such patent's claim is for an ornamental bottle design. Any questions regarding this correction/update may be directed to Maas Companies at 507-285-1444.
Intellectual Property, Patents & Trademarks:
BOTTLE PATENTED DESIGN - (Patent #D489627 & #D499342)
SHAKERS NAME (US Trademark, Japan Trademark)
BOTTLE DESIGN (US Trademark)
PENGUIN (US Trademark)
Shakers Support Equipment Including:
Complete Accutek Bottling Line – Purchased New in 2010
2 Mueller 16,000 Gallon Stainless Tanks
3 Vinquip 2,325 Gallon Stainless Tanks
Wigen Titan 7000 R/O Water Treatment System
Seitz Enzinger-Noll Polishing Filter Press – Type 40/100A4
FS Curtis Air Compressor
See Catalog for Complete Equipment List!
Monday, June 4 • 10 am - 2 pm
Monday, June 11 • Noon – 5 pm
Monday, June 25 • Noon – 5 pm
Other times by Appointment.
Bidding ends Tuesday, June 26 at noon (CDT)
Entirety offers are encouraged (Entirety Bid Form) and must be submitted to Auctioneer by Thursday, June 21, 2012, 5:00 p.m. (CDT), accompanied by an earnest money deposit equal to 20 percent of the bid. Trustee J. Richard Stermer, Stermer Law Firm, PLLC (“Trustee”), will review all entirety offers. Trustee reserves the right to negotiate with the entirety bidders to determine the highest entirety bid (the “Entirety Bid”). Subsequently, Trustee will disclose the Entirety Bid, if any, via notice at www.shakersvodkaauction.com.
The online auction for individual lots of assets will end on Tuesday, June 26, 2012, at 12:00 p.m. (CDT). However, Auctioneer reserves the right to continue to accept bids on any individual lots beyond such time if, in its determination, there is active bidding. “Active bidding” shall be defined as the receipt of a valid bid within two minutes of the last valid bid, notwithstanding that such bid is made after 12:00 p.m. (CDT) on June 26, 2012.
In the event the Entirety Bid is higher than the cumulative value of the online bids, then the auction shall end and the holder of the Entirety Bid shall complete its purchase of the estate assets. The earnest money deposit shall be nonrefundable to the holder of the winning Entirety Bid.
In the event the cumulative value of the online bids is higher than the Entirety Bid, then Trustee shall provide the holder of the Entirety Bid with an option to increase its offer so as to surpass the cumulative online bid amount by $10,000 (the "Option"). In the event the holder of the Entirety Bid accepts the Option, the auction shall end. Auctioneer shall then provide notice of the winning Entirety Bid to the online bidders and the piecemeal bids obtained on proxibid.com will not be accepted. In the alternative, if the holder of the Entirety Bid declines the Option, then the total cumulative online bids will constitute the winning bids and the auction shall end.
Buyers of individual lots are responsible to pay for rigging removal of purchased items. (Lots 10-16 have a non-published reserve price that will include removal and basic loading onto user provided trucks.) Buyers of lots 10-16 must contact auction company immediately following auction to schedule removal/loading appointments. Buyers will need to provide trucks on designated dates and times. Buyers not able to have trucks available for loading at designated times may be subject to additional loading fees. Buyers are responsible for any palletizing/blocking/strapping of items. Buyers of lots 10-16 will need to have a representative onsite during loading to oversee the loading process.
Small items must be removed by June 30th or are subject to forfeiture. Larger items require a rigging appointment immediately following auction. Under no circumstances will any items remain onsite after Friday, July 6.
Riggers will be available to load and remove items at buyer’s expense. Please contact auction company for Rigger contact information.
Craters & Freighters of Minneapolis - St. Paul
Toll Free: (866) 999-4826
Broker Participation is welcome but not required. A 1% commission will be paid to the licensed broker who, at the time of registration, registers the bidder who pays for and settles for the real estate. A broker buying on his/her behalf, or on behalf of any business entity in which he/she holds an interest, is not entitled to a commission.
Removal, packaging and transportation costs are the responsibility of buyer, except as provided for in auction catalog lots (10-16). Small items must be removed by June 30th or are subject to forfeiture. Lots 10-16 require a rigging appointment immediately following auction. Under no circumstances will any items remain onsite after Friday, July 6. Sales tax may apply. Buyers with exemption status must document this status AT THE TIME OF ON-LINE REGISTRATION.
Online Bidders must agree to all Terms & Conditions as posted at proxibid.com.
All sales final. Everything is sold AS-IS, WHERE-IS with no warrantees or guarantees, expressed or implied. Buyers are urged to inspect the items prior to sale. Seller and Auctioneer are not responsible for items. In the event of a dispute, Auctioneer will have the final decision. All information received from reliable sources believed to be correct but not guaranteed by the Auction Company. Any announcement made during online auction will take precedence over any material published about this event. Auctioneer is Agent for Seller.
Trustee and Auction Company Reserve the Right to Modify Auction Terms at Any Time. Online Auction Ends, Tuesday, June 26 at NOON CDT.
Principal Auctioneer Tyler Maas #55-145. Diane Maas, President.
Ch 7 Bankruptcy #12-50010(GFK)