INFRINGEMENT OF TRADEMARK. If Licensee or any of its Subsidiaries learns of any actual or threatened infringement of the Trademark or of the existence, use, or promotion of any mark xx design similar to the Trademark, Licensee shall promptly notify Licensor. Licensor has the right to decide at its sole discretion what legal proceedings or other action, if any, shall be taken, by who, how such proceedings or other action shall be conducted, and in whose name such proceedings or other action shall be performed. Any legal proceedings instituted pursuant to this Section shall be for the sole benefit of Licensor and all sums recovered in such proceedings whether by judgment, settlement, or otherwise, shall be retained solely and exclusively by Licensor.
INFRINGEMENT OF TRADEMARK. If Licensee learns of any actual or threatened infringement of the Trademark or of the existence, use, or promotion of any xxxx or design similar to the Trademark, Licensee shall promptly notify Licensor. Licensor has the right to decide at its sole discretion what legal proceedings or other action, if any, shall be taken, by who, how such proceedings or other action shall be conducted, and in whose name such proceedings or other action shall be performed. Any legal proceedings instituted pursuant to this Section shall be for the sole benefit of Licensor and all sums recovered in such proceedings, whether by judgment, settlement, or otherwise, shall be retained solely and exclusively by Licensor. 10.
INFRINGEMENT OF TRADEMARK. (a) Empyrean shall, promptly after becoming aware of same, notify IBC of any infringement or imitation of the Bug Trademark, of any use by any person or entity of a trademark or design similar to the Bug Trademark, or of any unfair competition relating to the Bug Trademark, or of any other apparent violation of the rights of IBC, so as to allow for IBC to take such action as IBC deems advisable for the protection of IBC's rights. Empyrean shall, if requested by IBC, fully cooperate with IBC and, if so requested by IBC, shall join with IBC at Empyrean's expense, as a party to any action brought by IBC for such purpose. In no event, however, shall IBC be required to take any action if IBC deems it inadvisable to so do. IBC shall have full control over any action taken by it, including without limitation, the right to select counsel, to settle on any terms it deems advisable, in its discretion, to appeal any adverse decision rendered in any court, to discontinue any action taken by it, and otherwise to make any decision in respect thereto as it in its discretion deems advisable.
INFRINGEMENT OF TRADEMARK. [ * ] shall notify [ * ] promptly upon learning of any actual, alleged or threatened infringement of a trademark specific to a Collaboration Product (the “Trademark”) or of any unfair trade practices, trade dress imitation, passing off of counterfeit goods, or like offenses. Upon learning of such offenses from [ * ] shall take all reasonable and appropriate steps to protect, defend and maintain the Trademark for use by the Parties in connection with the Collaboration Product.
INFRINGEMENT OF TRADEMARK. If Licensee, any of its Subsidiaries, PCA or any Tenneco Forest Successor learns of any actual or threatened infringement of the Trademark or of the existence, use, or promotion of any mark xx design similar to the Trademark, Licensee shall promptly notify Licensor. Licensor has the right to decide at its sole discretion what legal proceedings or other action, if any, shall be affirmatively taken, by who, how such proceedings or other action shall be conducted, and in whose name such proceedings or other action shall be performed. Notwithstanding the foregoing, Licensee shall not be obliged to pay the expenses of any such suit, which shall be prosecuted solely and wholly at Licensor's expense. Any legal proceedings instituted pursuant to this Section shall be for the sole benefit of Licensor and all sums recovered in such proceedings whether by judgment, settlement, or otherwise, shall be retained solely and exclusively by Licensor. 143
INFRINGEMENT OF TRADEMARK. If SUMITOMO becomes aware of any infringement of the Trademark within the Territory, SUMITOMO will, at its own cost and expense, utilize Commercially Reasonable Efforts and take such measures as are determined by it to be appropriate for the protection of its rights in the Trademark.
INFRINGEMENT OF TRADEMARK. 5.1 In the event of any of the Licensees or the Licensor learns that any Trademark pertaining to the Business is being infringed in the Territory by any third party, it shall promptly notify the other of such infringement. The Licensees shall (subject to the terms contained in this Section 5.1) use all commercially reasonable efforts to terminate any such third-party infringement, including, without limitation, prosecuting a lawsuit or other legal proceeding, at the Licensees' own expense; and the Licensees may retain any recovery it may receive as a result of its actions to terminate such infringement. Notwithstanding anything to the contrary contained herein, the Licensees may deliver a written notice to the Licensor of the Licensees' desire not to pursue a particular action to terminate a third-party infringement, which notice shall constitute an acknowledgment of the Licensees that they have forfeited any right to use the Trademark (a "Forfeited Trademark") in the affected jurisdictions (a "Forfeited Jurisdiction") immediately upon receipt of such notice. The Licensees shall remain responsible for any costs and expenses required to "wind down" any action already commenced or joined by any Licensee with respect to a Forfeited Trademark in any Forfeited Jurisdiction. The Licensor shall fully cooperate with the Licensees in any such action taken by the Licensees, including without limitation agreeing to be joined as party plaintiff and approving any reasonable settlement agreement achieved by the Licensees, and shall be reimbursed by the Licensees for all reasonable expenses incurred in connection with such request by the Licensees, including legal costs and expenses.
INFRINGEMENT OF TRADEMARK. If Licensee learns of any actual or threatened infringement of the Trademark or of the existence, use, or promotion of any xxxx or design similar to the Trademark, Licensee shall promptly notify Licensor. Licensor has the right to decide at its sole discretion what legal proceedings or other action, if 2
INFRINGEMENT OF TRADEMARK. Lil' Drug Store Products and Columbia shall each promptly notify the other following the discovery of any alleged infringement or unauthorized use of the Trademark that may come to their attention. Columbia shall promptly undertake, at Columbia's expense, commercially reasonable efforts to obtain a discontinuance of the infringement or unauthorized use and, if not successful, Columbia may, at its sole option, bring suit against such infringement.
INFRINGEMENT OF TRADEMARK. 5.1 In the event that Licensee learns that the Trademark is being misused or infringed or possibly infringed in the Territory by any third party, it shall promptly notify Licensor of such infringement. Licensor shall decide in its sole and exclusive discretion what action to take or not to take in response, and Licensee shall take no action in response to any such misuse or infringement unless instructed in writing to do so by Licensor. Licensor shall have the right to act to terminate any such third-party infringement, including, without limitation, prosecuting a lawsuit or other legal proceeding at its own expense and Licensor may retain any recovery it may receive as a result of its actions to terminate such infringement. Licensee shall fully cooperate with Licensor in any such action taken by Licensor including without limitation agreeing to be joined as party plaintiff and approving any reasonable settlement agreement achieved by Licensor and shall be reimbursed by Licensor for all reasonable out-of-pocket expenses incurred in connection therewith.
