Notification of Unauthorized Use. Each party agrees to notify the -------------------------------- other party of any unauthorized use of the AOL Marks, Licensed Licensee Marks, AOL Domain Names, or New AOL Domain Names by third parties promptly as such use shall come to such notifying party's attention. Licensor shall initially have the sole right and discretion to bring proceedings alleging infringement of AOL Marks, AOL Domain Names, or New AOL Domain Names or unfair competition against such third parties ("Offensive Proceedings") and to defend proceedings brought or threatened against Licensor or Licensee based on use of AOL Marks, AOL Domain Names, or New AOL Domain Names. Licensee shall take such steps as Licensor and its Affiliates may reasonably request, at Licensee's expense, to assist Licensor in protecting Licensor's, AOL's and Licensee's rights in the AOL Marks, AOL Domain Names, or New AOL Domain Names. In the event that Licensor notifies Licensee in writing that Licensor elects not to prosecute an Offensive Proceeding, Licensee may request in writing that Licensor bring such proceeding, and upon such request, Licensor shall bring such proceeding, with all reasonable expenses incurred in connection therewith to be borne by Licensee.
Appears in 5 contracts
Samples: Aol License Agreement (America Online Latin America Inc), Aol License Agreement (America Online Latin America Inc), Aol License Agreement (America Online Latin America Inc)
Notification of Unauthorized Use. Each party agrees to notify the -------------------------------- other party of any unauthorized use of the AOL CIS Marks, Licensed Licensee Marks, AOL CIS Domain Names, or New AOL CIS Domain Names by third parties promptly as such use shall come to such notifying party's attention. Licensor shall initially have the sole right and discretion to bring proceedings alleging infringement of AOL CIS Marks, AOL CIS Domain Names, or New AOL CIS Domain Names or unfair competition against such third parties ("Offensive Proceedings") and to defend proceedings brought or threatened against Licensor or Licensee based on use of AOL CIS Marks, AOL CIS Domain Names, or New AOL CIS Domain Names. Licensee shall take such steps as Licensor and its Affiliates may reasonably request, at Licensee's expense, to assist Licensor in protecting Licensor's, AOL's CIS' and Licensee's rights in the AOL CIS Marks, AOL CIS Domain Names, or New AOL CIS Domain Names. In the event that Licensor notifies Licensee in writing that Licensor elects not to prosecute an Offensive Proceeding, Licensee may request in writing that Licensor bring such proceeding, and upon such request, Licensor shall bring such proceeding, with all reasonable expenses incurred in connection therewith to be borne by Licensee.
Appears in 2 contracts
Samples: Stockholders' Agreement (America Online Latin America Inc), Stockholders' Agreement (America Online Latin America Inc)