-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, Db2E+F5oPQeMZgtRw+x83AIyE69H618VFt+1t27+di4raP407xgs53rW+yAPozDt dprYBFp52F8a7y567/8afg== 0000931763-97-000550.txt : 19970414 0000931763-97-000550.hdr.sgml : 19970414 ACCESSION NUMBER: 0000931763-97-000550 CONFORMED SUBMISSION TYPE: 10-K/A PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 19961231 FILED AS OF DATE: 19970411 SROS: NYSE FILER: COMPANY DATA: COMPANY CONFORMED NAME: ACCUSTAFF INC CENTRAL INDEX KEY: 0000924646 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-HELP SUPPLY SERVICES [7363] IRS NUMBER: 593116655 STATE OF INCORPORATION: FL FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 10-K/A SEC ACT: 1934 Act SEC FILE NUMBER: 000-24484 FILM NUMBER: 97578747 BUSINESS ADDRESS: STREET 1: 6440 ATLANTIC BLVD CITY: JACKSONVILLE STATE: FL ZIP: 32211 BUSINESS PHONE: 9047255574 10-K/A 1 FORM 10-K/A SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 10-K/A [X] Annual report pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 for the fiscal year ended December 31, 1996 COMMISSION FILE NUMBER: 0-24484 ACCUSTAFF INCORPORATED (EXACT NAME OF REGISTRANT AS SPECIFIED IN ITS CHARTER) Florida 59-3116655 - --------------------------------------- --------------------------------- (State of other jurisdiction of (I.R.S. Employer incorporation or organization) Identification No.) 6440 Atlantic Blvd., Jacksonville, FL 32211 - --------------------------------------- --------------------------------- (Address of principal executive offices) (Zip Code) (Registrant's telephone number including area code): (904) 725-5574 Securities registered pursuant to Section 12(b) of the Act: Common Stock, Par Value $0.01 Per Share New York Stock Exchange (Title of each class) (Name of each exchange on which registered) Securities registered pursuant to Section 12(g) of the Act: None (Title of class) Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes X No ----- ----- The aggregate market value of the voting stock held by non-affiliates of the Registrant (assuming for these purposes, but not conceding, that all executive officers and directors are "affiliates" of the Registrant), based upon the closing sale price of common stock on March 24, 1997, as reported by the New York Stock Exchange, was approximately $1,583,531,060. As of March 24, 1997, the number of shares outstanding of the Registrant's common stock was 98,080,264. DOCUMENTS INCORPORATED BY REFERENCE. List hereunder the following documents if incorporated by reference and the part of the Form 10-K (e.g., Part I, Part II, etc.) into which the document is incorporated: Portions of the Registrant's Proxy Statement for its 1997 Annual Meeting of stockholders are incorporated by reference in Part III. Indicate by check mark if disclosure of delinquent filers pursuant to Item 405 of Regulation S-K ((S)229.405 of this chapter) is not contained herein, and will not be contained, to the best of registrant's knowledge, in definitive proxy or information statements incorporated by reference in Part III of this Form 10-K or any amendment to this Form 10-K. [_] ITEM 3. LEGAL AND ADMINISTRATIVE PROCEEDINGS The Company, in the ordinary course of its business, is from time to time threatened with or named as a defendant in various lawsuits, including discrimination and harassment and other similar claims. The Company maintains insurance in such amounts and with such coverages and deductibles as management believes are reasonable and prudent. The principal risks that the Company insures against are workers' compensation, personal injury, bodily injury, property damage, professional malpractice, errors and omissions and fidelity losses. Accu Personnel, Inc., an unrelated company based in New Jersey ("Accu Personnel"), has opposed AccuStaff's applications to register the marks ACCUSTAFF, ACCUDRIVE and ACCUTECH pending before the United States Patent and Trademark Office (the "Patent Office"). In addition, Accu Personnel sought money damages and an injunction in an action brought in the United States District Court for Delaware based on alleged common law trademark infringement and unfair competition. The District Court has dismissed with prejudice Accu Personnel's claim for damages and denied Accu Personnel's request for permanent injunctive relief. Accu Personnel has dismissed, without prejudice, its remaining claims in the District Court proceeding, leaving only the plaintiffs' oppositions to the Company's pending Patent Office applications. In connection with such dismissal, AccuStaff agreed not to use the ACCUSTAFF mark or any other mark with the ACCU prefix in certain areas of southern New Jersey pending a negotiated settlement or a final judgment of the Trademark Trial and Appeal board or other court or tribunal. Based on advice the Company has received from various sources, AccuStaff expects, but cannot be absolutely assured that it will, obtain registration of the marks with the Patent Office, subject only to a possible restriction on using the marks in southern New Jersey where Accu Personnel claims to possess trademark rights. AccuStaff currently has no offices in southern New Jersey. There is no pending litigation which the Company believes is likely to have a material adverse effect on the Company. -2- SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. ACCUSTAFF INCORPORATED By: /s/ Michael D. Abney ------------------------------- Title: Senior Vice President ----------------------------- and Chief Financial Officer ----------------------------- Dated: April 10, 1997 -------------- -3- -----END PRIVACY-ENHANCED MESSAGE-----