Common use of No Attack Clause in Contracts

No Attack. Company shall not, during the Term or at any time thereafter, attack or challenge, or lend assistance to any third party in connection with an attack or challenge, of any right, title or interest of Provider in and to any and all intellectual property rights (including, without limitation, copyright, patent and trademark rights), whether now known or hereafter devised, in and to any and all materials of any sort utilizing, or any rights arising out of, Xxxxxxxx’x name, image, likeness, voice, persona, signature, biographic information, and rights of publicity, including all such materials as may be developed by Company and all goodwill that is attached or may become attached to the foregoing, whether by way of (individually and collectively, the “Brand Rights”): (a) an application for and/or an opposition against any intellectual property rights relating to the Brand Rights, (b) adoption of any intellectual property rights confusingly similar to, or that infringes, any of the Brand Rights, or (c) any lawsuit, cancellation proceeding or action, or otherwise. Company shall not represent in any filing, presentation, document or other statement, whether written or verbal, that Company or any third party is the owner of the Brand Rights or any other endorsement rights hereunder, and Company shall not use or display any of the foregoing except as expressly permitted herein.

Appears in 1 contract

Samples: Promotional Agreement (F45 Training Holdings Inc.)

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No Attack. Company shall not, during the Term or at any time thereafter, attack or challenge, or lend assistance to any third party in connection with an attack or challenge, of any right, title or interest of Provider in and to any and all intellectual property rights (including, without limitation, copyright, patent and trademark rights), whether now known or hereafter devised, in and to any and all materials of any sort utilizing, or any rights arising out of, Xxxxxxxx’x Norman’s name, image, likeness, voice, persona, signature, biographic information, and rights of publicity, including all such materials as may be developed by Company and all goodwill that is attached or may become attached to the foregoing, whether by way of (individually and collectively, the “Brand Rights”): (a) an application for and/or an opposition against any intellectual property rights relating to the Brand Rights, (b) adoption of any intellectual property rights confusingly similar to, or that infringes, any of the Brand Rights, or (c) any lawsuit, cancellation proceeding or action, or otherwise. Company shall not represent in any filing, presentation, document or other statement, whether written or verbal, that Company or any third party is the owner of the Brand Rights or any other endorsement rights hereunder, and Company shall not use or display any of the foregoing except as expressly permitted herein.

Appears in 1 contract

Samples: Promotional Agreement (F45 Training Holdings Inc.)

No Attack. Company shall not, during the Term or at any time thereafter, attack or challenge, or lend assistance to any third party in connection with an attack or challenge, of any right, title or interest of Provider in and to any and all intellectual property rights (including, without limitation, copyright, patent and trademark rights), whether now known or hereafter devised, in and to any and all materials of any sort utilizing, or any rights arising out of, Xxxxxxxx’x name, image, likeness, voice, persona, signature, biographic information, and rights of publicity, including all such materials as may be developed by Company and all goodwill that is attached or may become attached to the foregoing, whether by way of (individually and collectively, the “Brand Rights”): (a) an application for and/or an opposition against any intellectual property rights relating to the Brand Rights, (b) adoption of any intellectual property rights confusingly similar to, or that infringes, any of the Brand Rights, or (c) any lawsuit, cancellation proceeding or action, or otherwise. Company shall not represent in any filing, presentation, document or other statement, whether written or verbal, that Company or any third party is the owner of the Brand Rights or any other endorsement rights hereunder, and Company shall not use or display any of the foregoing except as expressly permitted herein.

Appears in 1 contract

Samples: Promotional Agreement (F45 Training Holdings Inc.)

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No Attack. Company shall not, during the Term or at any time thereafter, attack or challenge, or lend assistance to any third party in connection with an attack or challenge, of any right, title or interest of Provider in and to any and all intellectual property rights (including, without limitation, copyright, patent and trademark rights), whether now known or hereafter devised, in and to any and all materials of any sort utilizing, or any rights arising out of, Xxxxxxxx’x Norman’s name, image, likeness, voice, persona, signature, biographic information, and rights of publicity, including all such materials as may be developed by Company and all goodwill that is attached or may become attached to the foregoing, whether by way of (individually and collectively, the “Brand Rights”): (a) an application for and/or an opposition against any intellectual property rights relating to the Brand Rights, (b) adoption of any intellectual property rights confusingly similar to, or that infringes, any of the Brand Rights, or (c) any lawsuit, cancellation proceeding or action, or otherwise. Company shall not represent in any filing, presentation, document or other statement, whether written or verbal, that Company or any third party is the owner of the Brand Rights or any other endorsement rights hereunder, and Company shall not use or display any of the foregoing except as expressly permitted herein.

Appears in 1 contract

Samples: Promotional Agreement (F45 Training Holdings Inc.)

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