Ownership and Protection of Proprietary Rights. It owns and ---------------------------------------------- has the sole right to use each of the Proprietary Rights. None of the Proprietary Rights is involved in any pending or threatened litigation. It has not received any notice of invalidity or infringement of any rights of others with respect to such trademarks. No other firm, corporation, association or person (1) has the right to use any such trademarks, (2) has notified the Company that it is claiming any ownership of or right to use such Proprietary Rights, or (3) is infringing upon any such Proprietary Rights in any way. Its use of the Proprietary Rights is not infringing upon or otherwise violating the rights of any third party in or to such Proprietary Rights. All of the Proprietary Rights are valid and enforceable, except where the failure to be so valid and enforceable would not have a material adverse effect.
Appears in 3 contracts
Samples: Merger Agreement (Datalink Net Inc), Merger Agreement (Datalink Net Inc), Merger Agreement (Datalink Net Inc)
Ownership and Protection of Proprietary Rights. It owns and has ---------------------------------------------- has the sole right to use each of the Proprietary Rights. None of the Proprietary Rights is involved in any pending or threatened litigation. It has not received any notice of invalidity or infringement of any rights of others with respect to such trademarks. No other firm, corporation, association or person (1) has the right to use any such trademarks, (2) has notified the Company that it is claiming any ownership of or right to use such Proprietary Rights, or (3) is infringing upon any such Proprietary Rights in any way. Its use of the Proprietary Rights is not infringing upon or otherwise violating the rights of any third party in or to such Proprietary Rights. All of the Proprietary Rights are valid and enforceable, except where the failure to be so valid and enforceable would not have a material adverse effect.
Appears in 1 contract
Samples: Merger Agreement (Datalink Net Inc)