Common use of Ownership of Marks Clause in Contracts

Ownership of Marks. LICENSEE acknowledges that NBAP and/or the Member Teams are the exclusive owners of the Licensed Marks. Any intellectual property rights in the Licensed Marks that may accrue to LICENSEE shall inure to the benefit of NBAP and shall be assigned to NBAP upon its request. Any copyright, trademark or service xxxx used or procured by LICENSEE with respect to or involving the Licensed Marks, derivations or adaptations of the Licensed Marks, or any word, symbol or design which is similar to the Licensed Marks so as to suggest association with or sponsorship by the NBA, one of its Member Teams or any of their affiliates, shall be procured for the benefit of and in NBAP's name, at NBAP's expense, notwithstanding their creation by LICENSEE. LICENSEE shall take all necessary steps to secure an assignment to NBAP of the copyright from a creator of work that is not work-for-hire. Any copyright, trademark or service xxxx affecting or relating to the Licensed Marks already procured or applied for shall be assigned to NBAP. LICENSEE shall supply NBAP with any necessary supporting materials required to obtain copyright or trademark registrations of any copyrights or trademarks required to be assigned to NBAP under this Agreement at NBAP's expense.

Appears in 2 contracts

Samples: Retail Product License Agreement (Marvel Entertainment Group Inc), Retail Product License Agreement (Marvel Entertainment Group Inc)

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Ownership of Marks. LICENSEE acknowledges that NBAP and/or the Member Teams are the exclusive owners of the Licensed Marks. Any intellectual property rights in the Licensed Marks that may accrue to LICENSEE shall inure to the benefit of NBAP and shall be assigned to NBAP upon its request. Any copyright, trademark or trademark, service xxxx used or other right used, created or procured by LICENSEE with respect to or involving the Licensed Marks, derivations or adaptations of the Licensed Marks, or any word, symbol or design which uses or is similar to the Licensed Marks so as to suggest association with or sponsorship by the NBA, one of its Member Teams or any of their affiliates, shall be procured for the benefit of and in NBAP's name, but at NBAPLICENSEE's expense, notwithstanding their creation by LICENSEE. LICENSEE shall take all necessary steps to secure an assignment to NBAP of the copyright from a creator of work that is not work-for-hire. Any copyright, trademark or service xxxx affecting or relating to the Licensed Marks already procured or applied for shall be assigned to NBAP. LICENSEE shall supply NBAP with any necessary supporting materials required to obtain copyright or trademark registrations of any copyrights or trademarks required to be assigned to NBAP under this Agreement at NBAP's expenseAgreement.

Appears in 1 contract

Samples: Retail Product License Agreement (Evenflo & Spalding Holdings Corp)

Ownership of Marks. LICENSEE acknowledges that NBAP and/or the Member Teams are the exclusive owners of the Licensed Marks. Any intellectual property rights in the Licensed Marks that may accrue to LICENSEE shall inure to the benefit of NBAP and shall be assigned to NBAP NBAP, any upon its request. Any copyright, trademark or trademark, service xxxx used or procured by LICENSEE with respect to or involving the Licensed licensed Marks, derivations or adaptations of the Licensed Marks, or any word, symbol or design which is similar to the Licensed Marks so as to suggest association with or sponsorship by the NBA, one of its Member Teams or any of their affiliates, shall be procured for the benefit of and in NBAP's name, but at NBAPLICENSEE's expense, notwithstanding their creation by LICENSEE. LICENSEE shall take all necessary steps to secure an assignment to NBAP of to the copyright from a creator of work that is not work-for-hire. Any LICENSEE shall assign, and hereby does assigned, to NBAP any copyright, trademark or service xxxx affecting or relating to the Licensed Marks already procured or applied for shall be assigned to NBAPfor. LICENSEE shall supply NBAP with any necessary supporting materials required to obtain copyright or trademark registrations of any copyrights or trademarks required to be assigned to NBAP under this Agreement at Agreement. Notwithstanding the above, LICENSEE shall also remain proprietor in conjunction with NBAP's expense., during and after the termination of this Agreement, of any intellectual property right that LICENSEE acquired in relation to the licensed trademark. (d)

Appears in 1 contract

Samples: Retail Product License Agreement (Innovo Group Inc)

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Ownership of Marks. LICENSEE acknowledges that NBAP and/or the Member Teams are the exclusive owners of the Licensed Marks. Any intellectual property rights in the Licensed Marks that may accrue to LICENSEE shall inure to the benefit of NBAP and shall be assigned to NBAP upon its request. Any copyright, trademark or service xxxx used or procured by LICENSEE with respect to or involving the Licensed Marks, derivations or adaptations of the Licensed Marks, or any word, symbol or design which is similar to the Licensed Marks so as to suggest association with or sponsorship by the NBA, one of its Member Teams or any of their affiliates, shall be procured for the benefit of and in NBAP's name, but at NBAPLICENSEE's expense, notwithstanding their creation by LICENSEE. LICENSEE shall take all necessary steps to secure an assignment to NBAP of the copyright from a creator of work that is not work-for-hire. Any copyright, trademark or service xxxx affecting or relating to the Licensed Marks already procured or applied for shall be assigned to NBAP. LICENSEE shall supply NBAP with any necessary supporting materials required to obtain copyright or trademark registrations of any copyrights or trademarks required to be assigned to NBAP under this Agreement. NBAP acknowledges that nothing in this Paragraph or Agreement at NBAPshall be construed as granting or conveying to NBAP any rights with respect in or to LICENSEE's expense.present, past or future trademarks or trade names or other intellectual property rights, and trade names and brand names used across multiple sports and not incorporating any NBA Marks. (d)

Appears in 1 contract

Samples: Retail Product License Agreement (Topps Co Inc)

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