Infringement of Trademarks. If either Party becomes aware of any infringement of any Product Trademark by a Third Party in the Licensed Territory, such Party shall promptly notify the other Party and the Parties shall consult with each other and jointly determine the best way to prevent such infringement, including by the institution of legal proceedings against such Third Party.
Infringement of Trademarks. In the event that, during the term of the license granted to DJ Pharma under Section 1.2 hereof, either DJ Pharma or Dura Bermuda learn that the Keftab Trademark is being infringed in any territory by any other party, it shall promptly notify the other of such infringement. In such event both DJ Pharma and Dura Bermuda shall have the right, but not the obligation to act jointly to terminate any such third party infringement, including, without limitation, prosecuting a lawsuit or other legal proceeding at both Dura Bermuda's and DJ Pharma's joint expense to be shared equally between Dura Bermuda and DJ Pharma. Any recovery received as a result of such joint action to terminate an infringement of the Keftab Trademark, less the reimbursement of each Dura Bermuda and DJ Pharma for the out-of-pocket expenses incurred in taking, joining and prosecuting such action, shall be shared equally between Dura Bermuda and DJ Pharma. In the event either DJ Pharma or Dura Bermuda elects to not take any action to terminate such third party infringement (the "Non-Acting Entity") within sixty (60) days following notice from the other of a claim of infringement, such other party (the "Acting Entity") shall have the right, but not the obligation, to act to terminate any such third party infringement, including, without limitation, prosecuting a lawsuit or other legal proceeding, at the Acting Entity's own expense; and the Acting Entity may retain any recovery it may receive as a result of its actions to terminate such infringement. Notwithstanding the foregoing, the Non-Acting Entity shall fully cooperate with the Acting Entity in any action the Acting Entity takes to terminate such infringement and, to the extent the Acting Entity recovers damages from such third party, through settlement or otherwise, the Non-Acting Entity shall be reimbursed by the Acting Entity for all reasonable expenses, if any, incurred in connection therewith.
Infringement of Trademarks. Each Party shall notify the JCC promptly upon learning of any actual, alleged or threatened infringement of a trademark applicable to a Franchise Product (the "Trademark") in the Co-Promotion Territory or of any unfair trade practices, trade dress imitation, passing off of counterfeit goods, or like offenses in the Co-Promotion Territory. Upon learning of such offenses from a Party regarding a jointly owned Trademark, the JMC shall confer with the Parties regarding which Party and counsel should be assigned to defend the Trademark. The Party defending the Trademark shall take all reasonable and appropriate steps to protect, defend and maintain the Trademark for use by the Parties in connection with the Franchise Product. Upon learning of such an offense from a Party regarding a Trademark owned solely by one of the Parties, and not provided for above in this Section, the JCC shall confer with the Parties regarding the defense of such Trademark. The decision whether and how to defend such a Trademark owned solely by one Party will rest with such Party.
Infringement of Trademarks. Each Party shall notify the JCT promptly upon learning of any actual, alleged or threatened infringement of any trademark, service xxxx or trade dress right applicable to a Licensed Product in the Territory, or of any unfair trade practices, trade dress imitation, passing off of counterfeit CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERISKS (*) DENOTE SUCH OMISSIONS. goods, or like offenses in the Territory. Upon learning of such offenses from a Party regarding such potential or actual violation, the JPC shall confer with the Parties as to which Party and counsel should be assigned to defend the applicable rights. Subject to the overview of the JPC, the Party defending the Product Trademark or Antegren Trademark, as the case may be, shall take all reasonable and appropriate steps to protect, defend and maintain the Product Trademark and Antegren Trademark for use by the Parties in the Territory in connection with Antegren or, as applicable, other Licensed Product. The Parties shall cooperate in good faith with respect to all enforcement actions hereunder, and each Party shall notify the other Party promptly of all substantive developments with respect to such enforcement actions, including, but not limited to, all material filings, court papers and other related documents. Each Party shall consider the timely given, reasonable comments and advice of the other Party with respect to the strategy employed and submissions made relative to any such enforcement actions, and any disagreements shall be brought to the attention of the JSC for resolution.
Infringement of Trademarks. Except for routine trademark oppositions where cost is not reasonably expected to exceed $1,500, which shall be the responsibility of the prosecuting Party, with respect to an INTEGRILIN Product, each Party shall notify the other Party with a copy to the General Counsel for that Party promptly upon learning of any actual, alleged or threatened infringement of any trademark or of any unfair trade practices, trade dress imitation, passing off of counterfeit goods, or like offenses, or any such claims brought by a Third Party in the Schering Territory against an INTEGRILIN Product (hereinafter "Infringement"). Upon learning of such Infringement the Parties shall confer and Schering shall have the right, but not the obligation, at its sole expense to bring an action to deal with the Infringement. If Schering so elects, Schering shall take all reasonable and appropriate steps to resolve the Infringement, with the reasonable cooperation and assistance of the Millennium, subject to reimbursement by Schering for its reasonable time and out of pocket expense. If Schering fails to exercise this right within ninety (90) days after receiving notice of an Infringement by Millennium, then Millennium shall have the right, but not the obligation, at its sole expense to bring an action to deal with the Infringement. If Millennium so elects, Millennium shall take all reasonable and appropriate steps to resolve the Infringement, with the reasonable cooperation and assistance of Schering, subject to reimbursement by Millennium for its reasonable time and out of pocket expense. Any damages or recovery shall first be applied to reimburse the expenses incurred by the Party bringing the suit or action and the remainder shall, to the extent specifically attributable to lost sales of an INTEGRILIN Product, be paid to Schering and be added to Net Sales in that country.
Infringement of Trademarks. In the event that PDL or SB becomes aware of actual or threatened infringement of a Trademark selected for a PRODUCT anywhere in the TERRITORY, that party shall promptly notify the other party in writing. The notice shall describe in reasonable detail the facts and circumstances forming the basis for the determination that there is actual or threatened infringement. The party responsible for the prosecution and maintenance of Trademarks in accordance with this Article 10 shall have sole control over any infringement action related to the Trademarks, including without limitation, the right to select counsel; provided however that the party controlling such action shall solicit, and seriously consider in good faith, the other party's input with respect to all material aspects of such action, including without limitation the development of the litigation strategy and the execution thereof. 10.05
Infringement of Trademarks. In the event that, either Horizon or AHP learn that any of the Trademarks pertaining to Products is being infringed in the Territory by any Third Party, it shall promptly notify the other Party of such infringement. AHP shall have the right, but not the obligation, to act to terminate any such Third Party infringement, including, without limitation, prosecuting a lawsuit or other legal proceeding, at AHP's own expense. In the event that AHP takes any such action to terminate such infringement, Horizon may, at its sole option, take appropriate steps to join AHP in such action and share equally in the costs thereof. If and only if Horizon joins such action as stated in the preceding sentence, AHP and Horizon shall share equally in any recovery which may be received as a result of such action less the reimbursement of each Party for the out-of-pocket expenses incurred in taking, joining and prosecuting such action. Notwithstanding the foregoing, Horizon shall fully cooperate with AHP in any action AHP takes to terminate such infringement and, to the extent AHP recovers damages from such Third Party, through settlement or otherwise, shall be reimbursed by AHP for all reasonable expenses incurred in connection therewith. If AHP fails to take any action within sixty (60) days after Horizon's request, Horizon 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 Horizon's own expense. Horizon may deduct its costs and expenses for such action from trademark royalties accruing under Section 4.2 after the date of filing of such action. In the event that Horizon takes any such action to terminate such infringement, AHP may, at its sole option, take appropriate steps to join Horizon in such action and share equally in the costs thereof. If and only if AHP joins such action as stated in the preceding sentence, AHP and Horizon shall share equally in any recovery which may be received as a result of such action less the reimbursement of each Party for the out-of-pocket expenses incurred in taking, joining and prosecuting such action. Notwithstanding the foregoing, AHP shall fully cooperate with Horizon in any action Horizon takes to terminate such infringement, including without limitation, agreeing to be joined as party plaintiff and approving any reasonable settlement agreement achieved by Horizon, and to the extent Horizon receives damages from such Third Party, throu...
Infringement of Trademarks. The parties shall develop mutually acceptable mechanisms to protect, defend and maintain each Trademark, and all registrations therefore, and each Party shall notify the other Party promptly upon learning of any actual, alleged or threatened challenges to or infringement of a trademark or of any unfair trade practices, trade dress imitation, passing off of counterfeit goods, or like offenses. Upon learning of such offenses SangStat shall have the obligation to, in consultation with Abgenix, institute and control an appropriate action or proceeding to halt the offense, unless the Parties otherwise mutually agree. Abgenix shall have the right to participate fully in all such actions or proceedings.
Infringement of Trademarks. Each Party shall notify the JCC promptly upon learning of any actual, alleged or threatened infringement of a trademark applicable to a Franchise Product (the “Trademark”) in the Co-Promotion Territory or of any unfair trade practices, trade dress imitation, passing off of counterfeit goods, or like offenses in the Co-Promotion Territory. Upon [**] = Portions of this exhibit have been omitted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission. learning of such offenses from a Party regarding a jointly owned Trademark, the JMC shall confer with the Parties regarding which Party and counsel should be assigned to defend the Trademark. The Party defending the Trademark shall take all reasonable and appropriate steps to protect, defend and maintain the Trademark for use by the Parties in connection with the Franchise Product. Upon learning of such an offense from a Party regarding a Trademark owned solely by one of the Parties, and not provided for above in this Section, the JCC shall confer with the Parties regarding the defense of such Trademark. The decision whether and how to defend such a Trademark owned solely by one Party will rest with such Party.
Infringement of Trademarks. XOMA shall notify the Joint Core Team promptly upon learning of any actual, alleged or threatened infringement of a Genentech Xxxx in the Co-Promotion Territory or of any unfair trade practices, trade dress imitation, passing off of counterfeit goods or like offenses in the Co-Promotion Territory. The Joint Core Team shall confer with Genentech regarding the defense of such Genentech Xxxx. The decision whether and how to defend such a Genentech Xxxx will rest with Genentech; provided, however, that if Genentech fails to bring an action or proceeding in the Co-Promotion Territory within a period of sixty (60) days of notice by XOMA to Genentech requesting action, XOMA will have the right, at its own expense, to bring and control any such action or proceeding in the Co-Promotion Territory by counsel of its own choice.
