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 1.1 hereof, either DJ Pharma or Dura learn that any of the Rondec Trademarks or CCA Trademarks 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 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's and DJ Pharma's joint expense to be shared equally between Dura and DJ Pharma. Any recovery received as a result of such joint action to terminate an infringement of the Rondec Trademarks or CCA Trademarks, less the reimbursement of each Dura and DJ Pharma for the out-of-pocket expenses incurred in taking, joining and prosecuting such action, shall be shared equally between Dura and DJ Pharma. In the event either DJ Pharma or Dura elects to not take any action to terminate such third party infringement (the "Non-Acting Party") within sixty (60) days following notice from the other of a claim of infringement, such other party (the "Acting Party") 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 Party's own expense; and the Acting Party may retain any recovery it may receive as a result of its actions to terminate such infringement. Notwithstanding the foregoing, the Non-Acting Party shall fully cooperate with the Acting Party in any action the Acting Party takes to terminate such infringement and, to the extent the Acting Party recovers damages from such third party, through settlement or otherwise, the Non-Acting Party shall be reimbursed by the Acting Party 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 mark or trade dress right applicable to a Licensed Product in the Texxxxory, 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. Each Party shall notify the other and the Steering Committee promptly upon learning of any actual, alleged or threatened infringement of a trademark applicable to a Licensed Product (the "Trademark") or of any unfair trade practices, trade dress imitation, passing off of counterfeit goods, or like offenses. Upon learning of such an offense from a Party regarding a Trademark owned solely by one of the Parties, the Parties shall confer 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. The procedure described in Section 11.5(c) relating to Patents shall apply; Mutatis mutandis, to the infringement of Trademarks.
Infringement of Trademarks. During the Term, in the event either Party becomes aware of any actual or threatened infringements, imitations, or unauthorized use of the Aquestive Marks by Third Parties (each a “Trademark Infringement”), such Party will promptly notify the other Party. Aquestive will have the right, but not the obligation, at its sole option and expense, to bring any action in its own name on account of any such Trademark Infringement, and, if Aquestive elects to bring such action, Licensee will cooperate with Aquestive, as Aquestive may reasonably request, in connection with any such action brought by Aquestive, at Aquestive’s cost and expense. If Aquestive elects not to prosecute any action on account of any such Trademark Infringement, it will promptly notify Licensee of its decision not to pursue such action, and Licensee will then have the right but not the obligation to take such action, other than with respect to the Aquestive House Marks, and Aquestive will reasonably cooperate with Licensee in connection therewith, at Licensee’s cost and expense; provided that: (i) Aquestive may, at Aquestive’s discretion and expense, participate in any Trademark Infringement action brought by Licensee, including by joining such action as a party, (ii) if Licensee ceases to prosecute such action, Aquestive will have the option but not the obligation to assume control and prosecution of the action and Licensee will reasonably cooperate with Aquestive in connection therewith, and (iii) Licensee will not enter into any settlement agreement or otherwise dismiss any Trademark Infringement action without the prior written consent of Aquestive.
Infringement of Trademarks. 6.6.1. Each Party shall notify the other Party promptly upon learning of any actual or alleged 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 (hereinafter "TRADEMARK INFRINGEMENT CLAIMS") brought by a Third Party against a Party in connection with the Product in the Territory. Upon learning of such Trademark Infringement Claim, Sublicensee shall take all reasonable and appropriate steps to resolve the Trademark Infringement Claim, with the reasonable cooperation and assistance of Myogen. All of the reasonable direct costs of in-house counsel, the fees and expenses paid to outside counsel and other reasonable direct costs incurred in bringing, maintaining and prosecuting any action described in this Article 6.6.1 shall
Infringement of Trademarks. Each Party shall advise the other Parties promptly upon its becoming aware of any infringement by a third party of Trademarks identifying any Product in the Territory. If warranted in the opinion of LifeNet, LifeNet shall promptly take such legal action as is required to restrain or otherwise prevent such infringement. The other Parties shall cooperate fully with and as requested by LifeNet, at LifeNet's expense, in LifeNet's attempt to restrain such infringement. LifeNet shall have the sole right to control the suit or proceeding, including the right to conclude a settlement on terms and conditions it deems fit, provided that LifeNet may not obligate any other Party (whether monetarily or otherwise) as part of any such settlement without the prior written consent of such other Party.
Infringement of Trademarks. 10.1 The Licensee shall keep a diligent watch in order to detect any products which infringe, or possibly infringe the Trademarks. Upon detection of any such infringement, or possible infringement, the Licensee shall take appropriate legal action to restrain such infringement and/or recover damages in respect thereof unless the Licensee is advised by its legal counsel that the infringement, in the opinion of counsel, is immaterial. The Licensor will, at no cost to the Licensee, assist the Licensee in such action by testifying in any legal proceedings, signing all necessary papers, and rendering any other assistance (except financial assistance) which may, in the opinion of the Licensee or its counsel, reasonably be required to prosecute such action to a successful conclusion. If the Licensee is successful in obtaining any award of damages as a result of such legal action, the Licensee shall be entitled to retain 95% of the proceeds from such action and the Licensor shall be entitled to retain 5% of the proceeds. If the Licensee does not undertake legal action to restrain such infringement and/or recover damages in respect thereof, then the Licensor may undertake such action at the Licensor’s expense and be entitled to retain the full amount of any proceeds from such legal action.
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.
