Defense of Trademarks Sample Clauses

Defense of Trademarks. Neither party will at any time contest, or assist others in contesting, the validity or enforceability of the Marks of the other party or other proprietary rights, or do, cause to be done, or tolerate any act or thing contesting or in any way impairing or tending to impair any said right, title, and interest of such party in such Marks or other proprietary rights.
Sample 1Sample 2Sample 3See All (4)
AutoNDA by SimpleDocs
Defense of Trademarks. Licensor covenants and agrees at its cost and expense to defend any challenge made in Licensed Territory to the validity of its Trademarks. Should Licensor fail to do so in due course after receipt from Licensee of a request that Licensor do so, Licensee may do so and the costs and expenses thereof shall be withheld by the Licensee as the same accrue from royalty payments which Licensee is required to make to the Licensor pursuant to the provisions of Paragraph 17 hereof.
Sample 1
Defense of Trademarks. Distributor agrees to cooperate with Vendor in the registration and protection of Vendor’s rights to the Vendor Trademarks in any and all jurisdictions in which
Sample 1
Defense of Trademarks. CELINE alone shall have the right to act legally against any acts or infringement, and more generally against any other threat to the trademarks. CELINE shall likewise have the right to undertake any proceeding in opposition. These rights are not granted to INTER PARFUMS. All legal proceedings, either as plaintiff or defendant, relative to the ownership of the trademarks shall be undertaken at exclusive cost to CELINE. If it deems it useful or advisable, and if it falls within the realm of possibilities offered by local laws and/or regulations, CELINE shall do everything possible to challenge any registration that constitutes an infringement of the trademarks or the products and/or any illegal use of the trademarks by third-parties in the same field as that of the products. CELINE shall act in concert with INTER PARFUMS, who for its part shall be obligated to render CELINE all possible assistance. INTER PARFUMS undertakes to inform CELINE without delay of any act of infringement, or acts of unfair competition, and more generally any other threats made by anyone to the trademarks and the products, and to provide CELINE with any and all information relative to any acts of infringement about which it has knowledge. Any legal proceedings, whether as plaintiff or defendant, relative to the exploitation of the trademarks that may be pending between CELINE and the co-contractors of INTER PARFUMS, whether such co-contractors are re-sellers, agents, distributors, retailers, or others, shall be at the exclusive expense of INTER PARFUMS. CELINE however shall retain full control over the procedures and defense of its interests. In particular, it shall choose its own legal counsel.
Sample 1
Defense of Trademarks. TrueLogix acknowledges and agrees that IET has reserved the right to prosecute and defend, at its own expense, all suits involving any of the Trademarks and to take any action or proceeding that it deems desirable for the protection thereof. TrueLogix shall notify IET promptly of any infringement of any Trademark, or of any pending or threatened litigation involving any Trademark, of which it becomes aware. TrueLogix shall have no right to prosecute or defend any action or suit involving any Trademark without the prior written consent of IET.
Sample 1
Defense of Trademarks. In the event of the institution of any opposition or cancellation action or suit by a THIRD PARTY against PDL or SB or their respective sublicensees or AFFILIATES for trademark infringement involving publication of the Trademark for opposition or cancellation, or the manufacture, use, sale, distribution or marketing of PRODUCT anywhere in the TERRITORY, the party sued shall promptly notify the other party in writing. The party responsible for the prosecution and maintenance of Trademarks in accordance with this Article 10 shall have sole control over the defense of any such action, including without limitation, the right to select counsel; provided however that the party controlling such action shall solicit, and seriously consider in good faith, the other party's input with respect to all material aspects of such action, including without limitation the development of the litigation strategy and the execution thereof.
Sample 1
Defense of Trademarks. Neither party will at any time challenge, or assist others in challenging, the other party's trademarks or other proprietary rights.
Sample 1
AutoNDA by SimpleDocs
Defense of Trademarks. The VAP will not at any time challenge, or assist others in challenging, XACCT's Marks or other proprietary rights, or do, cause to be done, or tolerate any act or thing contesting or in any way impairing or tending to impair any said right, title, and interest of XACCT.
Sample 1

Related to Defense of Trademarks

  • Use of Trademarks Distributor shall not be permitted to print, post or otherwise use letterhead, calling cards, literature, signage or other representations in the name of Supplier (or any of its affiliates) or to represent itself as Supplier (or any of its affiliates) or make commitments on behalf of Supplier (or any of its affiliates) without the express, written permission of Supplier. Distributor expressly agrees that no license to use Supplier (or any of its affiliates’ trademarks, trade names, service marks or logos (collectively, the “Supplier Trademarks”) is granted by this Agreement. Distributor may, however, indicate in its advertising and marketing materials that it is a distributor for Supplier Products and may as necessary, incidentally use the Supplier Trademarks in its sales/marketing efforts. Upon request by Supplier, Distributor will place proper trademark, copyright and patent notices in its advertisements, promotional brochures and other marketing materials for Supplier Products. Supplier reserves the right to review Distributor’s marketing and sales materials prior to their publication or use. No rights shall inure to Distributor as a result of any such use or reference, and all such rights, including goodwill shall inure to the benefit of and be vested in Supplier. Upon termination of this Agreement for any reason, Distributor will immediately cease using the Supplier Trademarks as allowed in this Section and shall immediately take all appropriate and necessary steps to (a) remove and cancel any listings in public records, telephone books, other directories, remove any visual displays or literature at Distributor’s location, the Internet and elsewhere that would indicate or would lead the public to believe that Distributor is the representative of Supplier (or any of its affiliates) or Supplier’s (or any of its affiliates’) products or services; and (b) cancel, abandon or transfer (as requested by Supplier) any product licenses, trade name filings, trademark applications or registrations or other filings with the governments of the Territory (whether or not such filings were authorized by Supplier) that may incorporate the Supplier Trademarks or any marks or names confusingly similar to the Supplier Trademarks. Upon Distributor’s failure to comply with this paragraph, Supplier may make application for such removals, cancellations, abandonments or transfers in Distributor’s name. Distributor shall render assistance to and reimburse Supplier for expenses incurred in enforcing this paragraph.

  • Use of Trademark In the case that the Subscriber provides a telecommunication service to an Subscriber’s Customer pursuant to Section 8.1, if the Subscriber desires to use SORACOM’s trademark, the Subscriber shall obtain SORACOM’s consent in writing to do so before using SORACOM’s trademark, and shall comply with any other conditions relating to the use of SORACOM’s trademark specified by SORACOM separately.

  • Ownership of Trademarks Each Party acknowledges the ownership right of the other Party in the Marks of the other Party and agrees that all use of the other Party's Marks will inure to the benefit, and be on behalf, of the other Party. Each Party acknowledges that its utilization of the other Party's Marks will not create in it, nor will it represent it has, any right, title, or interest in or to such Marks other than the licenses expressly granted herein. Each Party agrees not to do anything contesting or impairing the trademark rights of the other Party.

  • Publicity and Use of Trademarks or Service Marks 34.1 A Party, its Affiliates, and their respective contractors and Agents, shall not use the other Party’s trademarks, service marks, logos or other proprietary trade dress, in connection with the sale of products or services, or in any advertising, press releases, publicity matters or other promotional materials, unless the other Party has given its written consent for such use, which consent the other Party may grant or withhold in its sole discretion. 34.2 Neither Party may imply any direct or indirect affiliation with or sponsorship or endorsement of it or its services or products by the other Party. 34.3 Any violation of this Section 34 shall be considered a material breach of this Agreement.

  • ACKNOWLEDGEMENT AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS 1. Licensee acknowledges that all Intellectual Property Rights in the Licensed Material are the property of the Publisher or duly licensed to the Publisher and that this Licence Agreement does not assign or transfer to the Licensee any right, title or interest therein except for the right to access and use the Licensed Material in accordance with the terms and conditions of this Licence Agreement. 2. For the avoidance of doubt, the Publisher hereby acknowledges that any database rights created by the Licensee or the Institutions as a result of Local Hosting, text mining or data mining of the Licensed Material shall be the property of the Licensee, or the Institution.

  • License of Intellectual Property Each Party (a “Licensor”) grants the other Party (a “Licensee”) the non-exclusive, royalty-free, paid-up, worldwide, irrevocable, right, during the term of this Agreement, to use the Licensor’s Intellectual Property solely for the purposes of this Agreement and to carry out the Party’s functions consistent with its responsibilities and authority as set forth in the enable legislation and regulations. Such licenses shall not give the Licensee any ownership interest in or rights to the Intellectual Property of the Licensor. Each Licensee agrees to abide by all third-party license and confidentiality restrictions or obligations applicable to the Licensor’s Intellectual Property of which the Licensor has notified the Licensee in writing.

  • Unauthorised Use of Intellectual Property a) The Supplier/Service Provider agrees to notify Transnet in writing of any conflicting uses of, and applications of registrations of Patents, Designs and Trade Marks or any act of infringement, unfair competition or passing off involving the Intellectual Property of Transnet of which the Supplier/Service Provider acquires knowledge and Transnet shall have the right, as its own option, to proceed against any party infringing its Intellectual Property. b) It shall be within the sole and absolute discretion of Transnet to determine what steps shall be taken against the infringer and the Supplier/Service Provider shall co-operate fully with Transnet, at Transnet’s cost, in whatever measure including legal action to bring any infringement of illegal use to an end. c) The Supplier/Service Provider shall cooperate to provide Transnet promptly with all relevant ascertainable facts. d) If proceedings are commenced by Transnet alone, Transnet shall be responsible for all expenses but shall be entitled to all damages or other awards arising out of such proceedings. If proceedings are commenced by both Parties, both Parties will be responsible for the expenses and both Parties shall be entitled to damages or other awards arising out of proceedings.

  • Copyrights, Patents and Trademarks (i) Borrower hereby represents and warrants that, as of the date of this Agreement, Borrower does not have any maskworks, computer software, or other copyrights, that are registered (or are the subject of any application for registration) with the United States Copyright Office. Borrower hereby covenants and agrees that Borrower will NOT register with the United States Copyright Office (or apply for such registration of) any of Borrower’s maskworks, computer software, or other copyrights, unless Borrower has provided Lender not less than 30 days prior written notice of the commencement of such registration/application and Borrower has executed and delivered to Lender such security agreement(s) and other documentation (in form and substance reasonably satisfactory to Lender) which Lender in its good faith business judgment may require for filing with the United States Copyright Office with respect to such registration or application. (ii) Borrower will identify to Lender in writing any and all patents and trademarks of Borrower that are registered (or the subject of any application for registration) with the United States Patent and Trademark Office and, upon Lender’s request therefor, promptly execute and deliver to Lender such security agreement(s) and other documentation (in form and substance reasonably satisfactory to Lender) which Lender in its good faith business judgment may require for filing with the United States Patent and Trademark Office with respect to such registration or application. (iii) Borrower will: (x) protect, defend and maintain the validity and enforceability of Borrower’s copyrights, patents, and trademarks; (y) promptly advise Lender in writing of material infringements of Borrower’s copyrights, patents, or trademarks of which Borrower is or becomes aware; and (z) not allow any material item of Borrower’s copyrights, patents, or trademarks to be abandoned, forfeited or dedicated to the public without Lender’s written consent.

  • Trademarks The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

  • Protection of Trade Secrets The Executive agrees to maintain in strict confidence and, except as necessary to perform his duties for the Employer, the Executive agrees not to use or disclose any Trade Secrets of the Employer during or after his employment. “Trade Secret” means information, including a formula, pattern, compilation, program, device, method, technique, process, drawing, cost data or customer list, that: (i) derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!