Common use of INFRINGEMENT OF TRADEMARK Clause in Contracts

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.

Appears in 3 contracts

Samples: Trademark Transition License Agreement Agreement (Tenneco Inc /De), Trademark Transition License Agreement Agreement (Newport News Shipbuilding Inc), Trademark Transition License Agreement Agreement (Tenneco Inc /De)

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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. 10.2

Appears in 1 contract

Samples: P to Distribution Agreement Trademark Transition License Agreement (New Tenneco Inc)

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