Enforcement of Product Trademarks. As between the Parties, AbbVie shall have the sole right to take such action as AbbVie, after consultation with Morphic, 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. AbbVie shall bear the costs and expenses relating to any enforcement action commenced pursuant to this Section 8.8.3 and any settlements and judgments with respect thereto, and shall retain and any damages or other amounts collected in connection therewith.
Appears in 4 contracts
Samples: Collaboration and Option Agreement (Morphic Holding, Inc.), Collaboration and Option Agreement (Morphic Holding, Inc.), Collaboration and Option Agreement (Morphic Holding, Inc.)
Enforcement of Product Trademarks. As between the Parties, AbbVie shall have the sole right to take such action as AbbVie, after consultation with Morphic, AbbVie 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. AbbVie shall bear the costs and expenses relating to any enforcement action commenced pursuant to this Section 8.8.3 12.7.2 and any settlements and judgments with respect thereto, and shall retain and any damages or other amounts collected in connection therewith.
Appears in 2 contracts
Samples: Collaboration and Option Agreement (Voyager Therapeutics, Inc.), Collaboration and Option Agreement (Voyager Therapeutics, Inc.)
Enforcement of Product Trademarks. As between the Parties, AbbVie shall have the sole right to take and responsibility for taking such action as AbbVie, after consultation with MorphicLicensor, 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. AbbVie shall bear the costs and expenses relating to any enforcement action commenced pursuant to this Section 8.8.3 8.7.2 and any settlements and judgments with respect thereto, and shall retain and any damages or other amounts collected in connection therewith.
Appears in 1 contract
Samples: Discovery Collaboration and License Agreement (CytomX Therapeutics, Inc.)
Enforcement of Product Trademarks. As between the Parties, AbbVie shall have the sole right right, but not the obligation, to take such action as AbbVie, after consultation with Morphic, AbbVie 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 TerritoryParty. AbbVie shall bear the costs and expenses relating to any enforcement action commenced pursuant to this Section 8.8.3 11.8.3 and any settlements and judgments with respect thereto, and shall retain and any damages or other amounts collected in connection therewith.
Appears in 1 contract
