Common use of Infringement Proceedings Clause in Contracts

Infringement Proceedings. Each Party agrees to promptly notify the other Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party with its reasonable cooperation and assistance with respect to any such infringement proceedings.

Appears in 35 contracts

Samples: Interactive Marketing Agreement (TNPC Inc), Interactive Marketing Agreement (Digitalwork Com Inc), Interactive Marketing Agreement (Varsitybooks Com Inc)

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Infringement Proceedings. Each Party agrees to promptly notify the other Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will shall have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party Party, at such other Party's expense, with its reasonable cooperation and assistance with respect to any such infringement proceedings.

Appears in 19 contracts

Samples: Interactive Services Agreement (Tunes Com Inc), Marketing Agreement (Dme Interactive Holdings Inc), Anchor Tenant Agreement (Bolt Inc)

Infringement Proceedings. Each Party agrees to promptly notify the other ------------------------ Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party with its reasonable cooperation and assistance with respect to any such infringement proceedings.

Appears in 11 contracts

Samples: Interactive Marketing Agreement (Cyberian Outpost Inc), Interactive Marketing Agreement (Smartage Corp), Interactive Marketing Agreement (Homestore Com Inc)

Infringement Proceedings. Each Party agrees to promptly notify the other Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will shall have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party with its reasonable cooperation and assistance with respect to any such infringement proceedings.

Appears in 9 contracts

Samples: Interactive Marketing Agreement (N2k Inc), Interactive Marketing Agreement (N2k Inc), Interactive Marketing Agreement (1 800 Flowers Com Inc)

Infringement Proceedings. Each Party agrees to promptly notify the other Party ------------------------ of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will shall have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party Party, at such other Party's expense, with its reasonable cooperation and assistance with respect to any such infringement proceedings.

Appears in 5 contracts

Samples: Netcenter Services Agreement (Powerize Com Inc), Interactive Services Agreement (Multex Systems Inc), Interactive Services Agreement (Drkoop Com Inc)

Infringement Proceedings. Each Party agrees to promptly notify the other Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party with its reasonable cooperation and assistance with respect to any such infringement proceedings. The costs and expenses involved in any such infringement proceedings shall be the responsibility of the party bringing the proceeding.

Appears in 3 contracts

Samples: Interactive Marketing Agreement (Autotrader Com Inc), Interactive Marketing Agreement (Autotrader Com Inc), Interactive Marketing Agreement (Autotrader Com Inc)

Infringement Proceedings. Each Party agrees to promptly notify the other Party of any unauthorized use of the other Party's ’s Marks of which it has actual knowledge. Each Party will have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party with its reasonable cooperation and assistance with respect to any such infringement proceedings.

Appears in 3 contracts

Samples: Search Services Agreement (AOL Inc.), Interactive Marketing Agreement (AOL Inc.), Interactive Marketing Agreement (AOL Inc.)

Infringement Proceedings. Each Party agrees to promptly notify the each ------------------------ other Party of any unauthorized use of the such other Party's Marks of which it has actual knowledge. Each Party will shall have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party Parties, at such other Parties' expense, with its reasonable cooperation and assistance with respect to any such infringement proceedingsproceedings to the extent such proceedings arise out or of relate to this Agreement.

Appears in 3 contracts

Samples: Strategic Interactive Services and Marketing Agreement (America Online Latin America Inc), Strategic Interactive Services and Marketing Agreement (America Online Latin America Inc), Strategic Interactive Services and Marketing Agreement (America Online Latin America Inc)

Infringement Proceedings. Each Party agrees to promptly notify ------------------------ the other Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will shall have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party with its reasonable cooperation and assistance with respect to any such infringement proceedings.

Appears in 3 contracts

Samples: Interactive Services Agreement (Preview Travel Inc), Interactive Services Agreement (Preview Travel Inc), Strategic Co Marketing Agreement (Autoweb Com Inc)

Infringement Proceedings. Each Party agrees to promptly notify the other Party of any unauthorized use of the other Party's ’s Marks of which it has actual knowledge. Each Party will have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; : provided, however, that each Party agrees to provide the other Party with its reasonable cooperation and assistance with respect to any such infringement proceedings.

Appears in 2 contracts

Samples: Search Services Agreement, Search Services Agreement (AOL Inc.)

Infringement Proceedings. Each Party agrees to promptly notify the other ------------------------ Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will shall have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party Party, at such other Party's expense, with its reasonable cooperation and assistance with respect to any such infringement proceedings.

Appears in 2 contracts

Samples: Development and Services Agreement (Drkoop Com Inc), Developer's License Agreement (Sequiam Corp)

Infringement Proceedings. Each Party agrees to promptly notify the ------------------------- other Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will shall have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party with its reasonable cooperation and assistance with respect to any such infringement proceedings.

Appears in 2 contracts

Samples: Strategic Co Marketing Agreement (Carsdirect Com Inc), Strategic Co Marketing Agreement (Autoweb Com Inc)

Infringement Proceedings. Each Party agrees to promptly notify the other Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will shall have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party party agrees to provide the other Party Party, at such other Party's expense, with its reasonable cooperation and ad assistance with respect to any such infringement proceedings.

Appears in 1 contract

Samples: Interactive Services Agreement (Ivillage Inc)

Infringement Proceedings. Each Party agrees to promptly notify promptlynotify the other ------------------------ Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party with its reasonable cooperation and assistance with respect to any such infringement proceedings.

Appears in 1 contract

Samples: Interactive Marketing and Distribution Agreement (Stamps Com Inc)

Infringement Proceedings. Each Party agrees to promptly notify the other Party of any unauthorized use of the other Party's ’s Marks of which it has actual knowledge. Each Party will shall have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party Party, at such other Party’s expense, with its reasonable cooperation and assistance with respect to any such infringement proceedings.

Appears in 1 contract

Samples: Distribution Agreement (Homestore Inc)

Infringement Proceedings. Each Party agrees to promptly notify the ------------------------ other Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party with its reasonable cooperation and assistance with respect to any such infringement proceedings.

Appears in 1 contract

Samples: Interactive Marketing Agreement (Homestore Com Inc)

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Infringement Proceedings. Each Party agrees to promptly notify the other ------------------------ Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will shall have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party with its reasonable cooperation and assistance with respect to any such infringement proceedings.

Appears in 1 contract

Samples: Interactive Marketing Agreement (Autoweb Com Inc)

Infringement Proceedings. Each Party party agrees to promptly notify the other Party ------------------------ party of any unauthorized use of the other Partyparty's Marks of which it has actual knowledge. Each Party will party shall have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party party agrees to provide the other Party party, at such other party's expense, with its reasonable cooperation and assistance with respect to any such infringement proceedingsproceedings arising out of the distribution or promotion of the Bundled Products hereunder.

Appears in 1 contract

Samples: Marketing Agreement (Emachines Inc /De/)

Infringement Proceedings. Each Party party agrees to promptly notify the other Party party ------------------------ of any unauthorized use of the other Partyparty's Marks of which it has actual knowledge. Each Party will party shall have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party party agrees to provide the other Party party, at such other party's expense, with its reasonable cooperation and assistance with respect to any such infringement proceedings.

Appears in 1 contract

Samples: Interactive Services Agreement (Iown Holdings Inc)

Infringement Proceedings. Each Party agrees to promptly notify the other Party of any unauthorized use of the other PartyPart's Marks of which it has actual knowledge. Each Party will shall have the sole right and discretion to bring proceedings alleging infringement infrongement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party Party, at such other Party's expense, with its reasonable cooperation and assistance with respect to any such infringement infrongement proceedings.

Appears in 1 contract

Samples: Interactive Services Agreement (Sportsline Usa Inc)

Infringement Proceedings. Each Party agrees to promptly notify the other Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will shall have the sole right and discretion to bring bring, proceedings alleging infringement of its Marks Mark's or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party Party, at such other Party's expense, with its reasonable cooperation and assistance with respect to any such infringement proceedings.

Appears in 1 contract

Samples: Interactive Services Agreement (Americasdoctor Com Inc)

Infringement Proceedings. Each Party agrees to promptly notify the other ------------------------ Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party with its reasonable cooperation and assistance assistance, at the other Party's expense and reasonable written request, with respect to any such infringement proceedings.

Appears in 1 contract

Samples: Interactive Marketing Agreement (Purchasepro Com Inc)

Infringement Proceedings. Each Party agrees to promptly notify the other Party ------------------------ of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will shall have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; , provided, however, that each Party agrees to provide the other Party Party, at such other Party's expense, with its reasonable cooperation and assistance with respect to any such infringement proceedings.

Appears in 1 contract

Samples: Interactive Services Agreement (CCBN Com)

Infringement Proceedings. Each Party agrees to promptly notify the other Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will shall have the sole right and discretion to bring proceedings alleging infringement of its Marks marks or unfair competition related thereto; provided, however, that each Party party agrees to provide the other Party Party, at such other Party's expense, with its reasonable cooperation and assistance with respect to any such infringement proceedings.

Appears in 1 contract

Samples: Anchor Tenant Agreement (Launch Media Inc)

Infringement Proceedings. Each Party of the Parties hereto agrees to promptly notify the other Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Such other Party will shall have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide with the other Party with its reasonable cooperation and assistance with respect to any such infringement proceedingsof the Party providing notification.

Appears in 1 contract

Samples: Strategic Marketing and Content Agreement (Omnisky Corp)

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