Avoidance of Confusion. Neither Titan nor Braeburn, nor any of their Affiliates nor licenses nor sublicensees, respectively, shall market, promote, sell and/or distribute in the Territory, or authorize or permit another to market, promote, sell and/or distribute in the Territory, any product other than a Product under the Product Trademarks or any confusingly similar trademark. Titan shall not contest the validity of or Braeburn’s rights in the Product Trademarks in the Territory or assist any Third Party in doing so. In the event that actual confusion should arise, or either Party reasonably believes that a likelihood of confusion may arise, in connection with the Parties’ respective uses of the Product Trademarks in the Territory, the Parties will fully cooperate in an effort to eliminate such confusion and to avoid the possibility of such a likelihood of confusion.
Avoidance of Confusion. In the event that actual confusion should arise, or either Party reasonably believes that a likelihood of confusion may arise, in connection with AVENTIS' use of the PRODUCT TRADEMARK in the ROW, the Parties will fully cooperate in an effort to eliminate such confusion and to avoid the possibility of such a likelihood of confusion.
Avoidance of Confusion. Neither Indevus nor Esprit, nor any of their Affiliates, shall market, promote, sell and/or distribute in the Territory, or authorize or permit another to market, promote, sell and/or distribute in the Territory, any product other than a Product in the Field under the Trademarks or any confusingly similar trademark. Indevus and its Affiliates shall not, directly or indirectly, contest the validity of or Esprit’s rights in the Trademarks in the Territory or assist any Third Party in doing so. In the event that actual confusion should arise, or either Party reasonably believes that a likelihood of confusion may arise, in connection with the Parties’ respective uses of the Trademarks in the Territory, the Parties will fully cooperate in an effort to eliminate such confusion and to avoid the possibility of such a likelihood of confusion.
Avoidance of Confusion. Neither GENTA or AVENTIS, nor any of their AFFILIATES, shall market, promote, sell and/or distribute in the United States, or authorize or permit another to market, promote, sell and/or distribute in the United States, any product other than PRODUCT under the PRODUCT TRADEMARK or any confusingly similar trademark. AVENTIS and its AFFILIATES shall not, directly or indirectly, contest the validity of or GENTA's rights in the PRODUCT TRADEMARK in the United States, or the GENTA HOUSEMARK(S) anywhere in the TERRITORY, or assist any THIRD PARTY in doing so. GENTA and its AFFILIATES shall not, directly or indirectly, contest the validity of or AVENTIS' rights in the AVENTIS HOUSEMARK(S) anywhere in the TERRITORY, or assist any THIRD PARTY in doing so. In the event that actual confusion should arise, or either Party reasonably believes that a likelihood of confusion may arise, in connection with the Parties' respective uses of the PRODUCT TRADEMARK in the United States, or of the AVENTIS HOUSEMARK(S) or GENTA HOUSEMARK(S) anywhere in the TERRITORY, the Parties will fully cooperate in an effort to eliminate such confusion and to avoid the possibility of such a likelihood of confusion.
Avoidance of Confusion. Ipsen shall not market, promote, sell and/or distribute anywhere in the Territory, or authorize or permit another to market, promote, sell and/or distribute anywhere in the Territory, any product other than Product under the Trademark or any confusingly similar trademark. Ipsen shall not, directly or indirectly, contest the validity of or Auxilium’s rights in the Trademark anywhere in the Territory or assist any Third Party in doing so. In the event that actual confusion should arise, or either Party reasonably believes that a likelihood of confusion may arise, in connection with the Parties’ respective uses of the Trademark, the Parties will fully cooperate in an effort to eliminate such confusion and to avoid the possibility of such a likelihood of confusion.
Avoidance of Confusion. If either party becomes aware of any actual confusion or potential for confusion as a result of the simultaneous use of the parties’ respective marks, it will contact the other party at the below address within 30 calendar days of its notification of such confusion, and the parties will cooperate in taking action necessary to avoid customer confusion going forward and to correct any instances of actual confusion: If to Two Sigma: If to Xxxxxxx Xxxxx: General Counsel General Counsel Two Sigma Investments, XX Xxxxxxx Sachs & Co. LLC 100 Avenue of the Americas, 00xx Xxxxx 000 Xxxx Xxxxxx Xxx Xxxx, XX 00000 Xxx Xxxx, XX 00000 If either party has difficulties registering its mark(s) consistent with this Agreement, the parties will cooperate to take reasonable steps to permit registration of the mark consistent with the above provisions, including filing any consent to such registration. Any such registration will not affect the rights of the other party to simultaneous use of its mark(s) under this Agreement.
Avoidance of Confusion. (a) The Parties hereby acknowledge and agree that, as between the Parties, upon the Closing, Molteni is the sole and exclusive owner of all right, title, and interest in the Product Trademarks and has the sole and exclusive right to use, register, apply to register, license and authorize others to use the Product Trademarks in the Territory, including with other words and/or designs, or on or in connection with goods and/or services in the Territory. Titan shall not use, apply for, register, license, or authorize others, including without limitation any of its Affiliates, to use the Product Trademarks or any confusingly similar mxxx on similar goods and/or services in the Territory, including with other words and/or designs, or on or in connection with advertising, marketing, promoting, distributing, importing, or selling similar goods and/or services in the Territory. Notwithstanding anything to the contrary, and the Parties agree that the Titan may use any foreign equivalents, translations or counterparts of the Trademark in the Titan Territory.
(b) The Parties mutually believe that the continued use and registration of the Product Trademarks in the Territory in connection with the goods and/or services relating to Titan’s and Molteni’s businesses in accordance with the terms of this Agreement is not likely to cause confusion. In the event that actual confusion should arise, or either Party reasonably believes that a likelihood of confusion may arise, in connection with the Parties’ respective uses of the Product Trademarks in the Territory, the Parties will fully cooperate in an effort to eliminate such confusion and to avoid the possibility of such a likelihood of confusion.
(c) For the avoidance of doubt, the Parties acknowledge and agree that, Molteni may establish websites at top level domain names using the Product Trademarks, and make use of the Product Trademarks in social media, in the Territory, all of which may be viewed by individuals in the Titan Territory, and that Molteni’s use of the Product Trademarks on the Internet in top level domains or in country code domains corresponding to the Territory shall not be deemed a use of the Product Trademarks in the Titan Territory. Likewise the Parties acknowledge and agree that Titan may establish websites at top level domain names using the Product Trademarks, and make use of the Product Trademarks in social media, in the Territory, all of which may be viewed by individuals in the Territory, and th...
Avoidance of Confusion. The Parties agree to limit their use of their respective marks to the goods and services included in their respective registrations or applications referenced in this Agreement, above. The Parties further agree to take reasonable actions to prevent any confusion due to the co-existence and registration of their respective marks, to notify each other of any instances of actual confusion of which they become aware, and to take prompt and reasonable action to correct such confusion. In particular, each party agrees that promptly upon receipt of any inquiry or other communication which reasonably appears to be intended for the other Party, it will respond by providing the relevant contact information for the other Party, as shown on the other Party’s then-current web site.
Avoidance of Confusion. Neither Indevus nor Odyssey, nor any of their Affiliates, shall market, promote, sell and/or distribute in the Territory, or authorize or permit another to market, promote, sell and/or distribute in the Territory, any product other than Product under the Trademarks or any confusingly similar trademark. Indevus and its Affiliates shall not, directly or indirectly, contest the validity of or Odyssey’s rights in the Trademarks in the Territory or assist any Third Party in doing so. In the event that actual confusion should arise, or either Party reasonably believes that a likelihood of confusion may arise, in connection with the Parties’ respective uses of the Trademarks in the Territory, the Parties will fully cooperate in an effort to eliminate such confusion and to avoid the possibility of such a likelihood of confusion.
Avoidance of Confusion. Licensee and its Affiliates or Sublicensee shall not market, promote, sell and/or distribute anywhere in the Territory any product other than Licensed Product under the Licensed Trademark or any confusingly similar trademark, and Licensor and its Affiliates or sublicensee shall not market, promote, sell and/or distribute anywhere in the Licensor Territory any product other than Licensed Product under the Licensed Trademark or any confusingly similar trademark. Licensee and its Affiliates shall not, directly or indirectly, contest the validity of or Licensor’s rights in the Licensed Trademark anywhere in the Territory or assist any third party in doing so. In the event that actual confusion should arise, or either Party reasonably believes that a likelihood of confusion may arise, in connection with the Parties’ respective uses of the Licensed Trademark, the Parties will fully cooperate in an effort to eliminate such confusion and to avoid the possibility of such a likelihood of confusion.
