Common use of Similar Marks Clause in Contracts

Similar Marks. Licensee further agrees not to use, acquire or register in any country any Mark xxxembling or confusingly similar or deceptive or misleading with respect to the Licensed Marks and not to use or register the Licensed Marks or any part thereof as part of its corporate or trade name except as authorized in this Agreement. Licensee further agrees not to use or register in any country any Mark xxxch dilutes the Licensed Marks. If any application for registration is or has been filed in any country or political entity by Licensee which relates to any Mark xxxch, in the sole opinion of Licensor acting in good faith, is confusingly similar, deceptive or misleading with respect to the Licensed Master Service Marks, the Licensed Ancillary Service Marks, or the Licensed Trade Dress, or which dilutes the Licensed Master Service Marks, the Licensed Ancillary Service Marks, or the Licensed Trade Dress, Licensee shall, within a reasonable time, but in any event within 30 days of written request from Licensor, at Licensor's sole discretion acting in good faith, immediately abandon any such application or registration or assign it to Licensor. If Licensee uses any Mark xxxch, in the sole opinion of Licensor acting in good faith, is confusingly similar, deceptive or misleading with respect to the Licensed Master Service Marks, the Licensed Ancillary Service 13 143 EXHIBIT D Marks, or the Licensed Trade Dress, or which dilutes the Licensed Master Service Marks, the Licensed Ancillary Service Marks, or the Licensed Trade Dress, or if Licensee uses the Licensed Master Service Marks, the Licensed Ancillary Service Marks, or the Licensed Trade Dress in connection with any product or in connection with any service not specifically authorized hereunder, Licensee shall, within a reasonable time, but in any event within thirty (30) days of receiving written request from Licensor, permanently cease such use. Licensee shall reimburse Licensor for all the costs and expenses of any litigation, opposition, cancellation or related legal proceedings, including legal fees, instigated by Licensor or its authorized representative, in connection with any such use, registration or application.

Appears in 1 contract

Samples: Agreement and Plan of Merger (At&t Latin America Corp)

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Similar Marks. Licensee further agrees not to use, acquire or register in any country any Mark xxxembling which resembles or is confusingly similar to the Licensed Markx, xr which dilutes the Licensed Marks, and, except as provided for herein, not to use the Licensed Marks, or deceptive any independently protectible part of any such Marks, as part of its corporate name (unless otherwise agreed by Licensor), nor use (except in accordance with Article 8) any Mark which could reasonably be deemed to be confusingly similar, dexxxxive or (except in accordance with Article 8) misleading with respect to the Licensed Marks and not Marks, or which could reasonably be deemed to use or register the Licensed Marks or any part thereof as part of its corporate or trade name except as authorized in this Agreement. Licensee further agrees not to use or register in any country any Mark xxxch dilutes dilute the Licensed Marks. If any application for registration is is, or has been filed in any country or political entity by Licensee which relates to any Mark xxxchwhich, in the sole opinion of Licensor acting in good faithLicensor's reasonable opinion, is confusingly similarsimilax, deceptive xeceptive or misleading with respect to the Licensed Master Service Marks, the Licensed Ancillary Service Marks, or the Licensed Trade Dress, or which dilutes the Licensed Master Service Marks, the Licensed Ancillary Service Marks, or the Licensed Trade Dress, Licensee shall, within a reasonable time, but in any event within 30 days of written request from Licensor, at Licensor's sole discretion acting in good faithdiscretion, immediately abandon any such application or registration or or, at Licensor's election, assign it (free and clear of any liens and encumbrances, and for consideration of $1.00, the adequacy and sufficiency of which is hereby acknowledged by Licensor) to Licensor. If Licensee uses any Mark xxxchwhich, in the sole opinion of Licensor acting in good faithLicensor's reasonable opinion, is confusingly similarsimilax, deceptive xeceptive or misleading with respect to the Licensed Master Service Marks, the Licensed Ancillary Service 13 143 EXHIBIT D Marks, or the Licensed Trade Dress, or which dilutes the Licensed Master Service Marks, the Licensed Ancillary Service Marks, or the Licensed Trade Dress, or if Licensee uses the Licensed Master Service Marks, the Licensed Ancillary Service Marks, or the Licensed Trade Dress Marks in connection with any product product, or any service or in connection with any service territory not specifically authorized hereunder, Licensee shall, within immediately upon receiving a reasonable time, but in any event within thirty (30) days of receiving written request from Licensor, permanently cease such use. Licensee shall reimburse Licensor for all the costs and expenses of any litigation, opposition, cancellation or related legal proceedings, including legal fees, instigated by Licensor or its authorized representative, in connection with any such use, registration or application.

Appears in 1 contract

Samples: License Agreement (Aol Time Warner Inc)

Similar Marks. Licensee further agrees not to use, acquire or register in any country any Mark xxxembling Xxxx which resembles or is confusingly similar to the Licensed Marks, or which dilutes the Licensed Marks, and, except as provided for herein, not to use the Licensed Marks, or any independently protectible part of any such Marks, as part of its corporate name (unless otherwise agreed by Licensor), nor use (except in accordance with Article 8) any Xxxx which could reasonably be deemed to be confusingly similar, deceptive or (except in accordance with Article 8) misleading with respect to the Licensed Marks and not Marks, or which could reasonably be deemed to use or register the Licensed Marks or any part thereof as part of its corporate or trade name except as authorized in this Agreement. Licensee further agrees not to use or register in any country any Mark xxxch dilutes dilute the Licensed Marks. If any application for registration is is, or has been filed in any country or political entity by Licensee which relates to any Mark xxxchXxxx which, in the sole opinion of Licensor acting in good faithLicensor's reasonable opinion, is confusingly similar, deceptive or misleading with respect to the Licensed Master Service Marks, the Licensed Ancillary Service Marks, or the Licensed Trade Dress, or which dilutes the Licensed Master Service Marks, the Licensed Ancillary Service Marks, or the Licensed Trade Dress, Licensee shall, within a reasonable time, but in any event within 30 days of written request from Licensor, at Licensor's sole discretion acting in good faithdiscretion, immediately abandon any such application or registration or or, at Licensor's election, assign it (free and clear of any liens and encumbrances, and for consideration of $1.00, the adequacy and sufficiency of which is hereby acknowledged by Licensor) to Licensor. If Licensee uses any Mark xxxchXxxx which, in the sole opinion of Licensor acting in good faithLicensor's reasonable opinion, is confusingly similar, deceptive or misleading with respect to the Licensed Master Service Marks, the Licensed Ancillary Service 13 143 EXHIBIT D Marks, or the Licensed Trade Dress, or which dilutes the Licensed Master Service Marks, the Licensed Ancillary Service Marks, or the Licensed Trade Dress, or if Licensee uses the Licensed Master Service Marks, the Licensed Ancillary Service Marks, or the Licensed Trade Dress Marks in connection with any product product, or any service or in connection with any service territory not specifically authorized hereunder, Licensee shall, within immediately upon receiving a reasonable time, but in any event within thirty (30) days of receiving written request from Licensor, permanently cease such use. Licensee shall reimburse Licensor for all the costs and expenses of any litigation, opposition, cancellation or related legal proceedings, including legal fees, instigated by Licensor or its authorized representative, in connection with any such use, registration or application.

Appears in 1 contract

Samples: License Agreement (Aol Time Warner Inc)

Similar Marks. Licensee further agrees not to use, acquire or register in any country any Mark xxxembling Xxxx which resembles or is confusingly similar to the Licensed Marks, or which dilutes the Licensed Marks, and, except as provided for herein, not to use the Licensed Marks, or any independently protectible part of any such Marks, as part of its corporate name (unless otherwise agreed by Licensor), nor use (except in accordance with Article 8) any Xxxx which could reasonably be deemed to be confusingly similar, deceptive or (except in accordance with Article 8) misleading with respect to the Licensed Marks and not Marks, or which could reasonably be deemed to use or register the Licensed Marks or any part thereof as part of its corporate or trade name except as authorized in this Agreement. Licensee further agrees not to use or register in any country any Mark xxxch dilutes dilute the Licensed Marks. If any application for registration is is, or has been filed in any country or political entity by Licensee which relates to any Mark xxxchXxxx which, in the sole opinion of Licensor acting in good faithLicensor's reasonable opinion, is confusingly similar, deceptive or misleading with respect to the Licensed Master Service Marks, the Licensed Ancillary Service Marks, or the Licensed Trade Dress, or which dilutes the Licensed Master Service Marks, the Licensed Ancillary Service Marks, or the Licensed Trade Dress, Licensee shall, within a reasonable time, but in any event within 30 days of written request from Licensor, at Licensor's sole discretion acting in good faithdiscretion, immediately abandon any such application or registration or or, at Licensor's election, assign it (free and clear of any liens and encumbrances, and for consideration of $1.00, the adequacy and sufficiency of which is hereby acknowledged by Licensor) to Licensor. If Licensee uses any Mark xxxchXxxx which, in the sole opinion of Licensor acting in good faithLicensor's reasonable opinion, is confusingly similar, deceptive or misleading with respect to the Licensed Master Service Marks, the Licensed Ancillary Service 13 143 EXHIBIT D Marks, or the Licensed Trade Dress, or which dilutes the Licensed Master Service Marks, the Licensed Ancillary Service Marks, or the Licensed Trade Dress, or if Licensee uses the Licensed Master Service Marks, the Licensed Ancillary Service Marks, or the Licensed Trade Dress Marks in connection with any product product, or any service or in connection with any service territory not specifically authorized hereunder, Licensee shall, within immediately upon receiving a reasonable time, but in any event within thirty (30) days of receiving written request from Licensor, permanently cease such use. Licensee shall reimburse Licensor for all the costs and expenses of any litigation, opposition, cancellation or related legal proceedings, including legal fees, instigated by Licensor or its authorized representative, in connection with any such use, registration or application.7.3

Appears in 1 contract

Samples: License Agreement

Similar Marks. Licensee further agrees not to use, acquire or register in any country any Mark xxxembling or Copyright resembling or confusingly similar to the Licensed Xxxks or the Licensed Copyright, or which dilutes the Licensed Marks or the Licensed Copyright, and not to use the Licensed Marks, or any independently protectible part of any such Marks or Copyright, as part of its corporate name (unless otherwise agreed by Licensor), nor use (except in accordance with Article 8) any Mark or Copyright confusingly similar, deceptive or (except in accoxxxxce with Article 8) misleading with respect to the Licensed Marks and not to use or register the Licensed Copyright, or which dilutes the Licensed Marks or any part thereof as part of its corporate or trade name except as authorized in this Agreement. Licensee further agrees not to use or register in any country any Mark xxxch dilutes the Licensed MarksCopyright. If any application for registration is is, or has been filed in any country or political entity by Licensee which relates to any Mark xxxchor Copyright which, in the sole and reasonable opinion of Licensor acting in good faithLicexxxx, is confusingly similar, deceptive or misleading with respect to the Licensed Master Service Marks, the Licensed Ancillary Service Marks, Marks or the Licensed Trade DressCopyright, or which dilutes the Licensed Master Service Marks, the Licensed Ancillary Service Marks, Marks or the Licensed Trade DressCopyright, Licensee shall, within a reasonable time, but in any event within 30 days of written request from Licensor, at Licensor's sole discretion acting in good faithdiscretion, immediately abandon any such application or registration or or, at Licensor's election, assign it (free and clear of any liens and encumbrances, and for consideration of $1.00, the adequacy and sufficiency of which is hereby acknowledged by Licensor) to Licensor. If Licensee uses any Mark xxxchor Copyright which, in the sole opinion of Licensor acting in good faithLicensor's reasonable opinion, is confusingly confuxxxxly similar, deceptive or misleading with respect to the Licensed Master Service Marks, the Licensed Ancillary Service 13 143 EXHIBIT D Marks, Marks or the Licensed Trade DressCopyright, or which dilutes the Licensed Master Service Marks, the Licensed Ancillary Service Marks, Marks or the Licensed Trade DressCopyright, or if Licensee uses the Licensed Master Service Marks, the Licensed Ancillary Service Marks, Marks or the Licensed Trade Dress Copyright in connection with any product product, or any service or in connection with any service territory not specifically authorized hereunder, Licensee shall, within immediately upon receiving a reasonable time, but in any event within thirty (30) days of receiving written request from Licensor, permanently cease such use. Licensee shall reimburse Licensor for all the costs and expenses of any litigation, opposition, cancellation or related legal proceedings, including legal fees, instigated by Licensor or its authorized representative, in connection with any such use, registration or application.

Appears in 1 contract

Samples: Brand License Agreement (Aol Time Warner Inc)

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Similar Marks. Licensee further agrees not to use, acquire or register in any country any Mark xxxembling Xxxx resembling or confusingly similar or deceptive or misleading with respect to the Licensed Marks and not to use or register the Licensed Marks or any part thereof as part of its corporate or trade name except as authorized in this Agreement. Licensee further agrees not to use or register in any country any Mark xxxch Xxxx which dilutes the Licensed Marks. If any application for registration is or has been filed in any country or political entity by Licensee which relates to any Mark xxxchXxxx which, in the sole opinion of Licensor acting in good faith, is confusingly similar, deceptive or misleading with respect to the Licensed Master Service Marks, the Licensed Ancillary Service Marks, or the Licensed Trade Dress, or which dilutes the Licensed Master Service Marks, the Licensed Ancillary Service Marks, or the Licensed Trade Dress, Licensee shall, within a reasonable time, but in any event within 30 days of written request from Licensor, at Licensor's sole discretion acting in good faith, immediately abandon any such application or registration or assign it to Licensor. If Licensee uses any Mark xxxchXxxx which, in the sole opinion of Licensor acting in good faith, is confusingly similar, deceptive or misleading with respect to the Licensed Master Service Marks, the Licensed Ancillary Service 13 143 EXHIBIT D Marks, or the Licensed Trade Dress, or which dilutes the Licensed Master Service Marks, the Licensed Ancillary Service Marks, or the Licensed Trade Dress, or if Licensee uses the Licensed Master Service Marks, the Licensed Ancillary Service Marks, or the Licensed Trade Dress in connection with any product or in connection with any service not specifically authorized hereunder, Licensee shall, within a reasonable time, but in any event within thirty (30) days of receiving written request from Licensor, permanently cease such use. Licensee shall reimburse Licensor for all the costs and expenses of any litigation, opposition, cancellation or related legal proceedings, including legal fees, instigated by Licensor or its authorized representative, in connection with any such use, registration or application.

Appears in 1 contract

Samples: Service Mark License Agreement (Firstcom Corp)

Similar Marks. Licensee further agrees not to use, acquire or register in any country any Mark xxxembling or Copyright resembling or confusingly similar to the Licensed Xxxxs or the Licensed Copyright, or which dilutes the Licensed Marks or the Licensed Copyright, and not to use the Licensed Marks, or any independently protectible part of any such Marks or Copyright, as part of its corporate name (unless otherwise agreed by Licensor), nor use (except in accordance with Article 8) any Mark or Copyright confusingly similar, deceptive or (except in accorxxxxe with Article 8) misleading with respect to the Licensed Marks and not to use or register the Licensed Copyright, or which dilutes the Licensed Marks or any part thereof as part of its corporate or trade name except as authorized in this Agreement. Licensee further agrees not to use or register in any country any Mark xxxch dilutes the Licensed MarksCopyright. If any application for registration is is, or has been filed in any country or political entity by Licensee which relates to any Mark xxxchor Copyright which, in the sole and reasonable opinion of Licensor acting in good faithLicenxxx, is confusingly similar, deceptive or misleading with respect to the Licensed Master Service Marks, the Licensed Ancillary Service Marks, Marks or the Licensed Trade DressCopyright, or which dilutes the Licensed Master Service Marks, the Licensed Ancillary Service Marks, Marks or the Licensed Trade DressCopyright, Licensee shall, within a reasonable time, but in any event within 30 days of written request from Licensor, at Licensor's sole discretion acting in good faithdiscretion, immediately abandon any such application or registration or or, at Licensor's election, assign it (free and clear of any liens and encumbrances, and for consideration of $1.00, the adequacy and sufficiency of which is hereby acknowledged by Licensor) to Licensor. If Licensee uses any Mark xxxchor Copyright which, in the sole opinion of Licensor acting in good faithLicensor's reasonable opinion, is confusingly confusxxxxy similar, deceptive or misleading with respect to the Licensed Master Service Marks, the Licensed Ancillary Service 13 143 EXHIBIT D Marks, Marks or the Licensed Trade DressCopyright, or which dilutes the Licensed Master Service Marks, the Licensed Ancillary Service Marks, Marks or the Licensed Trade DressCopyright, or if Licensee uses the Licensed Master Service Marks, the Licensed Ancillary Service Marks, Marks or the Licensed Trade Dress Copyright in connection with any product product, or any service or in connection with any service territory not specifically authorized hereunder, Licensee shall, within immediately upon receiving a reasonable time, but in any event within thirty (30) days of receiving written request from Licensor, permanently cease such use. Licensee shall reimburse Licensor for all the costs and expenses of any litigation, opposition, cancellation or related legal proceedings, including legal fees, instigated by Licensor or its authorized representative, in connection with any such use, registration or application.

Appears in 1 contract

Samples: Brand License Agreement (Aol Time Warner Inc)

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