Rights in Marks Sample Clauses

Rights in Marks. Supplier acknowledges that the marks shown on Appendix 2A hereto are the property of American and the only marks owned by American that may be used by Supplier in marketing and promoting ABS (“American Marks”), and that upon expiration or termination of this Agreement, Supplier will immediately cease use of such marks. American acknowledges that the marks shown on Appendix 2B hereto are the property of Supplier and the only marks owned by Supplier that may be used by American in marketing and promoting ABS, and that upon expiration or termination of this Agreement, American will immediately cease use of such marks. From time to time, American will provide Supplier with limited access to the American Airlines Digital Asset Management System (“AADAMS”) at the xxx.xxxxxx.xxx web site to obtain digital renditions of the American Marks. Except as expressly set forth in the Agreement, no right, property, license, permission or interest of any kind in or to the marks owned by either party is or is intended to be given or transferred to or acquired by the other party by the execution, performance or non-performance of this Agreement or any part hereof. Each party agrees that it shall in no way contest or deny the validity of, or the right or title of the other party in or to its marks, and shall not encourage or assist others, directly or indirectly, to do so, during the lifetime of this Agreement and thereafter. Neither party will take actions that are adverse to the other party’s ownership rights in or to its marks, nor shall either party intentionally utilize the other party’s marks in any manner that would diminish their value or harm the reputation of the other party. Neither party shall use or register any domain name that is identical to or confusingly similar to any of the other party’s marks. Supplier agrees that it shall not intentionally, without American’s prior written approval: (i) alter the American Marks in any way; (ii) use any partial American Marks or fragments thereof; (iii) display the American Marks without the appropriate trademark designation, as specified by American; (iv) superimpose any image or content upon the American Marks; (v) utilize the American Marks in any manner that would diminish their value or harm the reputation of American; or (vi) purchase, use, or register any domain names or keywords or search terms that are identical or similar to, or contain (in whole or in part), any of the American Marks.
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Rights in Marks. (i) All uses of the RadioShack Marks by Sprint and Sprint Spectrum inure to the benefit of RadioShack. Sprint and Sprint Spectrum acquire no rights, title or interest in the RadioShack Marks or the goodwill associated with them, other than the right to use the RadioShack Marks in accordance with this Agreement. In accepting this Agreement, Sprint and Sprint Spectrum acknowledge RadioShack's ownership of the RadioShack Marks, their validity and the goodwill connected with them. Sprint and Sprint Spectrum shall not attack the RadioShack Marks, nor assist anyone in attacking them. Sprint and Sprint Spectrum further agree not to make any application to register the RadioShack Marks, nor to use any confusingly similar trademark, service xxxx, trade name, or derivation, during the term of this Agreement or thereafter. This paragraph will survive the termination of this Agreement. (ii) At the request of RadioShack, Sprint and Sprint Spectrum will execute any papers or documents reasonably necessary to protect the rights of RadioShack in the RadioShack Marks and execute and deliver such other documents as may be reasonably requested by RadioShack.
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Rights in Marks. If at any time during the Term Manufacturer determines, in its reasonable opinion, that it is unable to provide Distributor with the rights necessary to distribute the Articles in the Territory under certain of the Trademarks then this Agreement shall immediately terminate with respect to such Trademark(s) upon written notice by Manufacturer to Distributor stating such determination. Distributor may not distribute any of the Articles bearing such identified Trademark(s) after such notice. At that time, all outstanding orders to Manufacturer for goods bearing such xxxx(s) shall be canceled. Manufacturer shall refund any monies received from Distributor in advance of shipment of Articles bearing such Trademark(s) for which orders are pending. Additionally, Manufacturer shall repurchase from Distributor, Distributor's entire inventory of Articles bearing such Trademark(s) for the same invoice amount charged to Distributor by Manufacturer. Such repurchase shall be on other terms that are mutually acceptable to the parties. The terms of this section state the sole remedy available to Distributor in the event such determination is made by Manufacturer. Design Rights. Distributor acknowledges and agrees that, as between Manufacturer and Distributor, Manufacturer owns all of the Design Rights and that any usage of the Design Rights by Distributor shall inure to the benefit of Manufacturer. Distributor shall not have the right to bring forth infringement actions to protect any of the Design Rights unless with the prior written consent of Manufacturer. Distributor must notify Manufacturer of any infringement or potential infringement in the Territory that it becomes aware of during the Term. Manufacturer shall, in its sole and absolute discretion, take such action or actions as it may deem necessary to protect the Design Rights.
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Rights in Marks. Gogo acknowledges that the marks shown as Delta marks on Exhibit G hereto (the “Delta Marks”) are the property of Delta as owner or licensee, and that only such marks may be used by Gogo in marketing and promoting the Connectivity Services, and that upon expiration or termination of this Agreement, Gogo will immediately cease use of such marks; provided that Delta may revoke the right of Gogo to use any Delta Xxxx upon termination of Delta’s property rights therein. Delta acknowledges that the marks shown as Gogo marks on Exhibit G hereto are the property of Gogo and the only marks owned by Gogo that may be used by Delta in marketing and promoting the Connectivity Services (the “Gogo Marks”), and that upon expiration or termination of this Agreement, Delta will immediately cease use of such marks. Except as expressly set forth in this Agreement, no right, property, license, permission or interest of any kind in or to the marks owned by either party is or is intended to be given or transferred to or acquired by the other party by the execution, performance or non-performance of this Agreement or any part hereof. Each party agrees that it shall in no way contest or deny the validity of, or the right or title of the other party in or to its, marks, and shall not encourage or assist others, directly or indirectly, to do so, during the Term of this Agreement and thereafter. Neither party will take actions that are adverse to the other party’s ownership rights in or to its marks, nor shall either party intentionally utilize the other party’s marks in any manner that would diminish their value or harm the reputation of the other party. Neither party shall use or register any domain name that is identical to or confusingly similar to any of the other party’s marks.
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Rights in Marks. The Marks are the exclusive property of Licensor and, except as provided in Section 1.2, Licensee shall not manufacture, market, advertise, promote, ship, distribute or sell (or permit or cause any such actions by others, within its control with respect to) any goods or materials bearing any of the Marks or any services associated with the Marks. Neither Licensee nor any of its Affiliates or subcontractors, nor any third parties related in any way to any of the foregoing persons or entities, has any right, title or interest in or to the Marks other than the limited rights granted herein.
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Rights in Marks. Keurig acknowledges that all rights in and to Xxxxxxxx’x and its customers’ Marks, including the goodwill derived therefrom, are the sole and exclusive property of Xxxxxxxx and its customers. All uses of Xxxxxxxx’x or its customers’ Marks are subject to the prior written approval of Xxxxxxxx. Keurig acknowledges that Xxxxxxxx’x rights in and to its Marks are special and unique, and that notwithstanding the arbitration provisions of this Agreement, Xxxxxxxx shall be entitled to specific performance and injunctive relief to prevent a breach or threatened breach of its rights pursuant to this Section 12. Keurig shall promptly notify Xxxxxxxx of any infringements, imitations, illegal use or misuse of Xxxxxxxx Xxxxx which come to Keurig’s attention. Xxxxxxxx acknowledges that all rights in and to the Keurig Marks, including the goodwill derived therefrom, are the sole and exclusive property of Keurig. Subject to the grant of license and except as otherwise specifically permitted by this Agreement, all uses of Keurig Marks are subject to the prior written approval of Keurig. Xxxxxxxx is prohibited from modifying any of Keurig’s Products including covering or removing any Keurig labeling or logo without prior written permission from Keurig. Xxxxxxxx acknowledges that Keurig’s rights in and to its Marks are special and unique, and that notwithstanding the arbitration provisions of this Agreement, Keurig shall be entitled to specific performance and injunctive relief to prevent a breach or threatened breach of its rights pursuant to this Section 12. Xxxxxxxx shall not reference Keurig except in connection with Keurig Products and Xxxxxxxx K-Cups. The provisions of this Section 12.2 shall survive termination of this Agreement with the exception that after termination of this Agreement either Party may deny approval for the use of their Marks to the other Party in its absolute discretion.
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Rights in Marks. Licensee acknowledges CannaKorp’s exclusive ownership of the CannaKorp Marks and that use of any of the CannaKorp Marks by Licensee, including any resulting goodwill, will inure to the sole benefit of CannaKorp. Licensee will not do or suffer to be done any act or thing inconsistent with such ownership and will not acquire or claim or assist third parties in acquiring or claiming any title in or to any of the CannaKorp Marks. In addition, Licensee hereby covenants that it will not directly or indirectly undertake any action that in any manner might question, contest, challenge, infringe or impair the validity, enforceability, scope of rights or title of CannaKorp in any of the CannaKorp Marks at any time during the Term. After the Term, Licensee will not adopt or use any word, name, mxxx, symbol, other designation or trade style which is likely to cause confusion or dilute any of the CannaKorp Marks, and will not make any unlicensed use of trademarks or service marks which is confusingly similar to or dilutive of any of the CannaKorp Marks as determined by the prevailing law. In addition, Licensee agrees that it will not use any of the CannaKorp Marks in combination with any word, name, mxxx, symbol, other designation or trade style so as to create a composite mxxx, unless such use is explicitly authorized in writing by CannaKorp. Licensee will use the CannaKorp Marks only in a manner and form: (a) designed to maintain the high quality of the CannaKorp Marks; (b) consistent with the use of the CannaKorp Marks by CannaKorp; (c) that protects CannaKorp’s ownership interest therein; and (d) that complies with Applicable Law and federal trademark laws, rules and regulations. Licensee agrees that it will maintain procedures to assure the reasonably consistent quality of Licensee Wisp Pods bearing or containing the CannaKorp Marks.
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Rights in Marks. Licensee hereby acknowledges that the Marks are the exclusive property of Licensor, subject to any and all rights or interests of any parties other than Licensor in the Marks, which such rights or interests may have arisen by prior grants by Licensee or otherwise and, except as provided in or contemplated by this Agreement, none of Licensee, and, to the extent their actions are within the control of Licensee, its subsidiaries or its Affiliates, shall manufacture, market, advertise, promote, ship, distribute or sell (or permit, to the extent that granting such permission is within the control of Licensee, or cause any such actions by others, within its control with respect to) any goods or materials bearing any of the Marks or any services associated with the Marks. None of Licensee, or any of its subsidiaries, Affiliates, sublicensees, agents or subcontractors, has any right, title or interest in or to the Marks other than the rights granted herein or authorized hereby. Licensee agrees that it shall not take (or permit, to the extent that granting such permission is within the control of Licensee, or cause to be taken) any action to impair, attack or interfere with Licensor's rights in the Marks and that all use of the Marks under or contemplated by this Agreement shall inure solely to the benefit of Licensor. Licensee shall not seek to register any of the Marks anywhere in the world. During the Licensee Exclusive Period, Licensor shall not grant to any third party any rights to use the Marks in the Defined Territory.
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Related to Rights in Marks

  • Trademark Rights Any and all past, present or future rights in, to and ---------------- associated with the Trademarks throughout the world, whether arising under federal law, state law, common law, foreign law or otherwise, including the following: all such rights arising out of or associated with the Trademark Registrations; the right (but not the obligation) to register claims under any state, federal or foreign trademark law or regulation; the right (but not the obligation) to xxx or bring opposition or cancellation proceedings in the name of the Assignor or the Agent for any and all past, present and future infringements or dilution of or any other damages or injury to the Trademarks, the Trademark Rights, or the Associated Goodwill, and the rights to damages or profits due or accrued arising out of or in connection with any such past, present or future infringement, dilution, damage or injury; and the Trademark License Rights.

  • INTELLECTUAL PROPERTY RIGHTS - DATA RIGHTS A. Data produced under this Annex which is subject to paragraph C. of the Intellectual Property Rights - Data Rights Article of the Umbrella Agreement will be protected for the period of one year. B. Under paragraph H. of the Intellectual Property Rights - Data Rights Article of the Umbrella Agreement, Disclosing Party provides the following Data to Receiving Party. The lists below may not be comprehensive, are subject to change, and do not supersede any restrictive notice on the Data provided.

  • Trademark Use (a) Reseller acknowledges that the Vendor Trademarks are trademarks owned solely and exclusively by Vendor, and agrees to use the Vendor Trademarks only in the form and manner and with appropriate legends as prescribed by Vendor. Reseller agrees not to use any other trademark or service mark xx connection with any of the Vendor Trademarks without prior written approval of Vendor. All use of Vendor Trademarks shall inure to the benefit of Vendor. (b) Vendor acknowledges that the Reseller Trademarks are trademarks owned solely and exclusively by Reseller, and agrees to use the Reseller Trademarks only in the form and manner and with appropriate legends as prescribed by Reseller. Vendor agrees not to use any other trademark or service mark xx connection with any of the Reseller Trademarks without prior written approval of Reseller. All use of Reseller Trademarks shall inure to the benefit of Reseller. (c) Reseller shall indemnify and hold Vendor harmless from and against any and all liabilities, losses, damages, costs and expenses (including legal fees and expenses) associated with any claim or action brought against Vendor that may arise from Reseller's improper or unauthorized replication, packaging, marketing, distribution, or installation of the Software, including claims based on representations, warranties, or misrepresentations made by Reseller. (d) BOTH PARTIES LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUFFERED BY THE OTHER PARTY, EVEN IF IT HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RESELLER STATES AND VENDOR ACKNOWLEDGES THAT THE BENEFITS OF THIS AGREEMENT ARE A MATERIAL INDUCEMENT TO RESELLER TO ENTER INTO THE CO-HOSTING AGREEMENT AND, IN THE EVENT OF A TERMINATION OF THIS AGREEMENT BY VENDOR FOR AN ALLEGED MATERIAL RESELLER BREACH WHICH IS HELD NOT TO BE A MATERIAL BREACH IN FACT, THE COURT SHALL CONSIDER IN ASSESSING DAMAGES HEREUNDER THE CO-HOSTING FEES AND ANY AMOUNTS PAID BY ANY SUCCESSOR THIRD PARTY SITE MANAGER FOR THE RIGHT TO PERFORM SIMILAR WEB SITE SERVICES FOR VENDOR WITHIN ONE YEAR OF THE TERMINATION.

  • License for Txdot Logo Use DocuSign Envelope ID: 08011FCF-93C2-4F54-8A05-20A33047A1D8

  • Intellectual Property Rights Infringement HP will defend and/or settle any claims against Customer that allege that an HP-branded product or service as supplied under this Agreement infringes the intellectual property rights of a third party. HP will rely on Customer’s prompt notification of the claim and cooperation with our defense. HP may modify the product or service so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to Customer the amount paid for the affected product in the first year or the depreciated value thereafter or, for support services, the balance of any pre-paid amount or, for professional services, the amount paid. HP is not responsible for claims resulting from any unauthorized use of the products or services.

  • Licensed Intellectual Property Section 3.17(h)(vi)...................................29

  • Trademarks The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

  • Removal of DXC Trademarks Supplier shall remove from all Products rejected, returned or not purchased by DXC, DXC’s name and any of DXC’s trademarks, trade names, insignia, part numbers, symbols, and decorative designs, prior to any other sale, use, or disposition of such Products by Supplier.

  • Rights to Intellectual Property This Data Agreement does not give Service Provider any rights, implied or otherwise, to CDI, data, content or intellectual property except as expressly stated in any underlying agreement between the parties. This includes but is not limited to the right to share, sell or trade CDI. The District acknowledges that this agreement does not convey any intellectual property right in any of Service Provider’s materials or content, including any revisions of derivative work or material. Service Provider-owned materials shall remain the property of the Service Provider. All rights, including copyright, trade secrets, patent and intellectual property rights shall remain the sole property of the Service Provider.

  • Third Party Intellectual Property Rights 10.7.1 Each Party shall give prompt written notice to the other of any intellectual property rights of any third party which could reasonably be considered as constituting impediment on the use of the Ipsen Licensed Technology, Joint Inventions or Joint Patent Rights in accordance with the provisions of this Agreement or on the research, development, manufacture, use, marketing, promotion, distribution, sale, import or export of Licensed Product, in which event the Parties shall agree on the strategy and procedural steps to be taken in respect of opposing and/or settling such potential impediment. 10.7.2 Each Party shall give prompt written notice to the other of claims or suits arising out of actual or alleged Infringement of Patent Rights, Know-How or other intellectual property owned by a third party, as a result of any use of the Ipsen Licensed Technology, Joint Inventions or Joint Patent Rights in accordance with the provisions of this Agreement or on the research, development, * CONFIDENTIAL TREATMENT REQUESTED. OMITTED PORTIONS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. manufacture, use, marketing, promotion, distribution, sale, import or export of Licensed Product, in which event Licensee, subject to the provisions of Section 10.7.3, shall have the right to contest or defend such claim or suit on behalf of itself and on behalf of Ipsen. If Licensee elects to contest or defend such claim or suit, Licensee shall notify Ipsen of such election, and shall keep Ipsen fully informed of any development in such claim or suit, including by transmitting copies of all documents in such claim or suit. If Licensee contests or defends a claim or suit pursuant to this Section 10.7.2 and Ipsen has not elected to contest or defend such claim or suit subject to, and in accordance with, the provisions of Section 10.7.3, then (a) Licensee shall control the defense of such claim or suit, (b) Ipsen shall provide assistance in the defense of such claim or suit in a reasonable and timely manner upon reasonable request of Licensee and at Licensee’ sole cost and expense; and (c) Licensee shall have the right to compromise or settle such claim or suit; provided, however, that, if such claim or suit was originally made or filed against Ipsen or any of its Affiliates or pertains to any of the Ipsen Licensed Technology, Joint Patent Rights or Joint Know-How, any such compromise or settlement by Licensee of such claim or suit shall be subject to Xxxxx’x prior written approval, which shall not be unreasonably withheld or delayed. Notwithstanding Licensee’s control of the defense of any claim or proceeding pursuant to this Section 10.7.2, Ipsen shall have the right to participate in such defense using counsel of its own choice and at its own expense, provided that such claim or proceeding was originally made or filed against Ipsen or any of its Affiliates or pertains to any of the Ipsen Licensed Technology, Joint Patent Rights or Joint Inventions. 10.7.3 If, within [ ]* after Licensee receives written notice of any such claim or suit, Licensee elects not to contest or defend, or fails to notify Ipsen of its intent to contest to or defend, such claim or suit, then Ipsen shall have the right to contest or defend such claim or suit on behalf of itself and Licensee and shall keep Licensee fully informed of any development in such claim or suit, including by transmitting copies of all documents submitted in such claim or suit. Notwithstanding any of the foregoing provisions of this Section 10.7.3 to the contrary, Xxxxx’x right under this Section 10.7.3 to contest or defend such claim or suit shall apply only if either (i) such claim or suit was originally made or brought against Ipsen or any of its Affiliates or (ii) such claim or suit pertains to any of the Ipsen Licensed Technology, Joint Patent Rights or Joint Inventions. If Ipsen contests or defends a claim or suit pursuant to this Section 10.7.3, then (a) Ipsen shall control the defense of such claim or suit, (b) Licensee shall provide assistance in the defense of such claim or suit in a reasonable and timely manner upon reasonable request of Ipsen and at Xxxxx’x sole cost and expense and (c) Ipsen shall have the right to compromise or settle such claim or suit; provided, however, that such compromise or settlement shall be subject to Licensee’s prior written approval, which shall not be unreasonably withheld or delayed. Notwithstanding Xxxxx’x control of the defense of any such claim or proceeding, Licensee shall have the right to participate in such defense using counsel of its own choice and at its own expense. * CONFIDENTIAL TREATMENT REQUESTED. OMITTED PORTIONS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. 10.7.4 The defending Party shall bear its own costs and expenses (including, without limitation, attorneys fees and court costs) in connection with the defense of any claim or suit pursuant to Section 10.7.2 or Section 10.7.3, and the defending Party shall also bear the costs and expenses of the other Party if and to the extent that such costs and expenses were incurred by such other Party in connection with reasonable assistance provided by such other Party in connection with such defense at the request of the defending Party. 10.7.5 In the event that, in connection with the defense of any claim or suit pursuant to this Section 10.7 or any settlement thereof, the defending Party shall receive damages, costs or other amounts, such damages, costs or other amounts shall be treated in the manner contemplated under Section 10.6 as if they had been received by the defending Party in connection with any action or proceeding initiated and pursued by the defending Party pursuant to Section 10.6 above. 10.7.6 The provisions of this Section 10.7 and the respective rights and obligations of the Parties under this Section 10.7 shall be without prejudice to any of the provisions of Article 15 or any of the respective rights and obligations of the Parties under Article 15.

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