Common use of Infringement and Invalidity Clause in Contracts

Infringement and Invalidity. 7.1 Each Party shall promptly notify the other Party in writing on becoming aware of any actual or suspected infringement or other unauthorised use of any of the Licensed Trade Marks or of any act of passing off or unfair competition (or similar causes of action) in relation to the Licensed Trade Marks that come to its attention (an “Infringement”). 7.2 The Licensor shall have the exclusive right, but not the obligation, to take whatever action it deems appropriate in respect of an Infringement, including bringing any action for a preliminary or permanent injunction. The Licensees shall co-operate fully with the Licensor in taking all steps reasonably required by the Licensor in connection with any Infringement. The Licensor shall be responsible for the cost of any legal proceedings it instigates, and shall be entitled to any damages, account of profits and awards of costs recovered. The Licensees shall not have the right to bring any action for any Infringement in their own name or on behalf of the Licensor.

Appears in 1 contract

Sources: Transitional Trade Mark Licence Agreement