Common use of Enforcement of Product Trademarks Clause in Contracts

Enforcement of Product Trademarks. Licensee shall have the right to take such action as Licensee deems necessary against a Third Party based on any alleged, threatened or actual infringement, dilution, misappropriation or other violation of or unfair trade practices or any other like offense relating to, the Product Trademarks by a Third Party in the Territory at its sole cost and expense and using counsel of its own choice. Licensee shall retain any damages or other amounts collected in connection therewith.

Appears in 4 contracts

Samples: License Agreement, License Agreement (Kiniksa Pharmaceuticals, Ltd.), License Agreement (Kiniksa Pharmaceuticals, Ltd.)

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Enforcement of Product Trademarks. Subject to Sections 9.4.2(b) and 9.4.3(b), Licensee shall have the sole right during the Term to take such action as Licensee deems necessary against a Third Party based on any alleged, threatened or actual infringement, dilution, misappropriation misappropriation, or other violation of of, or unfair trade practices or any other like offense relating to, the Product Trademarks by a Third Party in the Territory at its sole cost and expense and using counsel of its own choice. Licensee shall retain any damages or other amounts collected in connection therewith.

Appears in 2 contracts

Samples: License Agreement (PhaseBio Pharmaceuticals Inc), License Agreement (PhaseBio Pharmaceuticals Inc)

Enforcement of Product Trademarks. Licensee shall have the sole right to take such action as Licensee deems necessary against a Third Party based on any alleged, threatened or actual infringement, dilution, misappropriation misappropriation, or other violation of of, or unfair trade practices or any other like offense relating to, the Product Trademarks by a Third Party in the Territory at its sole cost and expense and using counsel of its own choiceTerritory. Licensee shall bear the costs and expenses relating to any enforcement action commenced pursuant to this Section 7.7.3 and any settlements and judgments with respect thereto and shall retain any damages or other amounts collected in connection therewith.

Appears in 2 contracts

Samples: License Agreement (Alto Neuroscience, Inc.), License Agreement (Global Blood Therapeutics, Inc.)

Enforcement of Product Trademarks. Licensee shall have the right to take such action as Licensee deems necessary and responsibility for taking against a Third Party based on any alleged, threatened threatened, or actual infringement, dilution, misappropriation misappropriation, or other violation of of, or unfair trade practices or any other like offense relating to, the Product Trademarks by a Third Party in the Territory at its sole cost and expense and using counsel of its own choiceTerritory. Licensee shall bear the costs and expenses relating to any enforcement action commenced pursuant to this Section 7.8(b) and any settlements and judgments with respect thereto, and shall retain any damages or other amounts collected in connection therewith.

Appears in 2 contracts

Samples: License and Collaboration Agreement (Cullinan Oncology, LLC), License and Collaboration Agreement (Cullinan Oncology, LLC)

Enforcement of Product Trademarks. Licensee shall have the sole right to take such action as Licensee deems necessary against a Third Party based on any alleged, threatened or actual infringement, dilution, misappropriation or other violation of or unfair trade practices or any other like offense relating to, the Product Trademarks by a Third Party in the Territory Territory, at its sole cost and expense and using counsel of its own choice. Licensee shall retain any damages or other amounts collected in connection therewith.

Appears in 1 contract

Samples: License and Collaboration Agreement (Cullinan Oncology, Inc.)

Enforcement of Product Trademarks. Licensee shall have the sole right to take such action as Licensee deems necessary against a Third Party based on any alleged, threatened or actual infringement, dilution, misappropriation misappropriation, or other violation of of, or unfair trade practices or any other like offense relating to, the Product Trademarks by a Third Party in the Territory at its sole cost and expense and using counsel of its own choiceTerritory. Licensee shall bear the costs and expenses relating to any enforcement action commenced pursuant to this Section 7.7.3 (Product Trademarks) and any settlements and judgments with respect thereto and shall retain any damages or other amounts collected in connection therewith.

Appears in 1 contract

Samples: License Agreement (Khosla Ventures Acquisition Co.)

Enforcement of Product Trademarks. Licensee shall have the right to take and responsibility for taking such action as Licensee deems necessary against a Third Party based on any alleged, threatened threatened, or actual infringement, dilution, misappropriation misappropriation, or other violation of of, or unfair trade practices or any other like offense relating to, the Product Trademarks by a Third Party in the Territory at its sole cost and expense and using counsel of its own choiceTerritory. Licensee shall retain any damages or other amounts collected in connection therewith[***].

Appears in 1 contract

Samples: License Agreement (ATAI Life Sciences B.V.)

Enforcement of Product Trademarks. Licensee shall have the right to take such action as Licensee deems necessary against a Third Party based on any alleged, threatened threatened, or actual infringement, dilution, misappropriation misappropriation, or other violation of of, or unfair trade practices or any other like offense relating to, the Product Trademarks by a Third Party in the Territory at its sole cost and expense and using counsel of its own choiceTerritory. Licensee shall bear the costs and expenses relating to any enforcement action commenced pursuant to this Section 7.4.3 and any settlements and judgments with respect thereto, and shall retain any damages or other amounts collected in connection therewith.

Appears in 1 contract

Samples: License Agreement (First Wave BioPharma, Inc.)

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Enforcement of Product Trademarks. Licensee shall have the sole right to take such action as Licensee deems necessary against a Third Party based on any alleged, threatened or actual infringement, dilution, misappropriation misappropriation, or other violation of of, or unfair trade practices or any other like offense relating to, the Product Trademarks by a Third Party in the Territory at its sole cost and expense and using counsel of its own choiceTerritory. Licensee shall bear the costs and expenses relating to any enforcement action commenced pursuant to this Section 7.7.3 (Enforcement of Product Trademarks) and any settlements and judgments with respect thereto and shall retain any damages or other amounts collected in connection therewith.

Appears in 1 contract

Samples: License Agreement (Khosla Ventures Acquisition Co.)

Enforcement of Product Trademarks. Licensee shall have the sole right to take such action as Licensee deems necessary against a Third Party based on any alleged, threatened or actual infringement, dilution, misappropriation or other violation of or unfair trade practices or any other like offense relating to, the Product Trademarks by a Third Party in the Territory at its sole cost and expense and using counsel of its own choice. Licensee shall retain any damages or other amounts collected in connection therewith. Subject to the foregoing, RVL may elect at its sole cost and expense to participate in the enforcement of the Product Trademarks in the Territory.

Appears in 1 contract

Samples: License Agreement (Osmotica Pharmaceuticals PLC)

Enforcement of Product Trademarks. Licensee shall have the sole right to take such action as Licensee deems necessary against a Third Party based on any alleged, threatened or actual infringement, dilution, misappropriation or other violation of or unfair trade practices or any other like offense relating to, the Product Trademarks by a Third Party in the Territory at its sole cost and expense and using counsel of its own choice. Licensee shall retain any damages or other amounts collected in connection therewith.

Appears in 1 contract

Samples: License Agreement (Nabriva Therapeutics PLC)

Enforcement of Product Trademarks. Licensee shall have the sole right to take such action as Licensee deems necessary against a Third Party based on any alleged, threatened or actual infringement, dilution, misappropriation misappropriation, or other violation of of, or unfair trade practices or any other like offense relating to, the Product Trademarks by a Third Party in the Territory at its sole cost and expense and using counsel of its own choice. Licensee shall retain any damages or other amounts collected in connection therewithTerritory.

Appears in 1 contract

Samples: Joint Development and License Agreement (Alto Neuroscience, Inc.)

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