Common use of Mark Infringement Clause in Contracts

Mark Infringement. The Franchisee agrees to notify the Franxxxxor in writing of any possible infringement or illegal use by others of a trademark the same as or confusingly similar to the Marks which may come to its attention. The Franchisee acknowledges that the Franchisor shall have the right, in its sole discretion, to determine whether any action will be taken on account of any possible infringement or illegal use. The Franchisor may commence or prosecute such action in the Franchisor's own name and may join the Franchisee as a party thereto if the Franchisor determines it to be reasonably necessary for the continued protection and quality control of the Marks and Licensed Methods. The Franchisor shall bear the reasonable cost of any such action, including attorneys' fees. The Franchisee agrees to fully cooperate with the Franchisor in any such litigation.

Appears in 2 contracts

Samples: Franchise Agreement (Rocky Mountain Chocolate Factory Inc), Franchise Agreement (Rocky Mountain Chocolate Factory Inc)

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Mark Infringement. The Xxx Franchisee agrees to notify the Franxxxxor Franchisor in writing of any possible infringement or illegal use by others of a trademark the same as or confusingly similar to one or more of the Marks which may come to its attention. The Franchisee acknowledges that the Franchisor shall have the right, in its sole discretion, to determine whether any action will be taken on account of any possible infringement or illegal use. The Franchisor may commence or prosecute such action in the Franchisor's own name and may join the Franchisee as a party thereto to the action if the Franchisor determines it to be reasonably necessary for the continued protection and quality control of the Marks and Licensed MethodsSystem. The Franchisor shall bear the reasonable cost of any such action, including attorneys' fees. The Franchisee agrees to fully cooperate with the Franchisor in any such litigation.

Appears in 1 contract

Samples: Franchise Agreement (Pak Mail Centers of America Inc)

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Mark Infringement. The Franchisee agrees to notify the Franxxxxor Franchisor in writing of any possible infringement or illegal use by others of a trademark the same as or confusingly similar to the Marks which may come to its attention. The Franchisee acknowledges that the Franchisor shall have the right, in its sole discretion, to determine whether any action will be taken on account of any possible infringement or illegal use. The Franchisor may commence or prosecute such action in the Franchisor's ’s own name and may join the Franchisee as a party thereto if the Franchisor determines it to be reasonably necessary for the continued protection and quality control of the Marks and Licensed Methods. The Franchisor shall bear the reasonable cost of any such action, including attorneys' ’ fees. The Franchisee agrees to fully cooperate with the Franchisor in any such litigation.

Appears in 1 contract

Samples: Franchise Agreement

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