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.
INFRINGEMENT OF TRADEMARK. (a) IBC shall, promptly after becoming aware of same, notify Empyrean of any infringement or imitation of the Trademark and/or Trade Dress, of any use by any person or entity of a trademark or design similar to the Trademark or Trade Dress, or of any unfair competition relating to the Trademark or Trade Dress, or of any other apparent violation of the rights of Empyrean, so as to allow for Empyrean to take such action as Empyrean deems advisable for the protection of Empyrean's rights. IBC shall, if requested by Empyrean, fully cooperate with Empyrean and, if so requested by Empyrean, shall join with Empyrean at IBC's expense, as a party to any action brought by IBC for such purpose. In no event, however, shall Empyrean be required to take any action if Empyrean deems it inadvisable to so do. Empyrean 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. 5.1. In the event either Licensee or Licensor learns that any Trademark pertaining to Product(s) is being infringed in the Territory by any third party, it shall promptly notify the other of such infringement. Licensee shall have the right to act to terminate any such third-party infringement, including without limitation prosecuting a lawsuit or other legal proceeding, at Licensee's own expense; and Licensee may retain any recovery it may receive as a result of its actions to terminate such infringement. Licensor shall fully cooperate with Licensee in any such action taken by Licensee, including without limitation agreeing to be joined as party plaintiff and approving any reasonable settlement agreement achieved by Licensee, and shall be reimbursed by Licensee for all reasonable expenses incurred in connection therewith.
5.2. If Licensee fails to take any action within sixty (60) days after Licensor's request, Licensor shall have the right to act as it sees fit to terminate the infringement, including without limitation prosecuting a lawsuit or other legal proceeding, at Licensor's 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 action Licensor takes to
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.
5.2 If the Licensees fail to take any action with respect to such third-party infringement within sixty (60) days after the Licensor's request, the Licensor shall have the right but not the duty to act as it sees fit and in its sole discretion to terminate the infringement, including without limitation, prosecuting a lawsuit or other legal proceeding, at the Licensor's expense; and the Licensor may retain any recovery it may receive as a result of its actions to terminate such infringement. The Licensees shall fully cooperate with the Licensor in any such action taken by the Licensor to terminate any such infringement, including without limitation agreeing to be joined as party plaintiff and approving any reasonable settlement agreement achieved by the Licensor, and shall be reimbursed by th...
INFRINGEMENT OF TRADEMARK. 29 (a) Protection of Trademark ............................. 29 (b) Action by Bayer to Defend the Bayer Trademark ....... 29 (c) Action by Bayer with Respect to Infringement of Avigen Trademark and Trademarks ..................... 29 6.7 Recovery ..................................................... 29 6.8 Notice ....................................................... 29 6.9 Exclusivity .................................................. 29 (a) Competing Products .................................. 29 (b) Restoring Exclusivity by Obtaining a Continuation Right ............................................... 30 ARTICLE 7. GENERAL SCOPE OF SERVICES & GRANT OF LICENSE ......... 30
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.
