Third Party Trademark Litigation Sample Clauses

Third Party Trademark Litigation. In the event of the initiation of any suit by a Third Party against Mundipharma for trademark infringement involving Commercialization of Products in the Field in the Licensed Territory, Mundipharma shall promptly notify Allos in writing. Mundipharma shall have the right, but not the obligation, to defend such suit at its expense.
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Third Party Trademark Litigation. 55 8.8 Obligation to Use Licensed Marks.......................................................... 57
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Third Party Trademark Litigation. (a) During the License Term, in the event of the initiation of any suit by a third party against BioMarin or Alliant for trademark infringement involving the manufacture, use, sale, promotion or marketing of the Licensed Products in North America, the Party sued shall promptly notify the other Party in writing, and Alliant shall have the right to defend such suit at its expense and Alliant shall provide BioMarin with notice of its intent to defend or not defend such suit, provided that BioMarin shall have the right to participate in such action at BioMarin’s expense. If BioMarin participates in such action, Alliant shall have sole control of the conduct of any such action, provided that BioMarin shall have the right to provide ongoing comments and advice regarding its position in such action, which comments shall be considered in good faith by Alliant. BioMarin shall, at the request and expense of Alliant, cooperate and provide reasonable assistance in any action described in this Section and, if required by law, join such action. Alliant shall not settle or accept any settlement from any third party without the prior written consent of BioMarin, which consent shall not be unreasonably withheld or delayed. However, to the extent any suit is asserted against Ascent for trademark infringement involving the manufacture, use, sale, promotion or marketing of the Licensed Products in North America, BioMarin shall have the right to defend such suit at its expense pursuant to the terms and conditions of Ascent License, unless Ascent consents to Alliant defending such suit pursuant to this Section 5.7(a).
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Third Party Trademark Litigation. (a) During the License Term, in the event of (i) the initiation of any suit by a third party against Ascent or BioMarin Acquisition for trademark infringement involving the manufacture, use, sale, promotion or marketing of the Licensed Products in the Territory, or (ii) the institution of a trademark opposition, the Party sued or given notice of opposition shall promptly notify the other Party in writing, and BioMarin Acquisition shall have the right to defend such suit or opposition at its expense and BioMarin Acquisition shall provide Ascent with notice of its intent to defend or not defend such suit or opposition, provided that Ascent shall have the right to participate in such action at Ascent’s expense. If Ascent participates in such action, BioMarin Acquisition or its Affiliate shall have sole control of the conduct of any such action, provided that Ascent shall have the right to provide ongoing comments and advice regarding its position in such action, which comments shall be considered in good faith by BioMarin Acquisition. Ascent or its Affiliate shall, at the request and expense of BioMarin Acquisition or its Affiliate, cooperate and provide reasonable assistance in any action described in this Section and, if required by law, join such action. Any recovery or compensation resulting from such proceeding, including without limitation non-monetary rights, shall belong entirely to BioMarin Acquisition or its Affiliate less reimbursement to Ascent or its Affiliates by BioMarin Acquisition or its Affiliate of any reasonable costs incurred by Ascent or its Affiliates as a result of its participation in such action regardless of whether Ascent or its Affiliates participated on its own or was joined in the action. BioMarin Acquisition and its Affiliates shall not settle or accept any settlement from any third party without the prior written consent of Ascent, which consent shall not be unreasonably withheld or delayed.
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Third Party Trademark Litigation. (a) Each Party shall give prompt written notice to the other Parties upon becoming aware of any challenge or likely challenge to the Licensed Marks in the Territory. Such challenges may be: (i) an allegation that any activity involving a Licensed Xxxx ---------------------------------- * Confidential Treatment requested.
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Third Party Trademark Litigation. (a) Each Party shall give prompt written notice to the other Parties upon becoming aware of any challenge or likely challenge to the Licensed Marks in the Territory. Such challenges may be: (i) an allegation that any activity involving a Licensed Xxxx infringes the trademark rights of a Third Party in the Territory, (ii) an allegation that a Licensed Xxxx is invalidly registered, or (iii) an allegation that a Licensed Xxxx should be expunged from the Register of Trademarks. The Parties shall cooperate diligently with each other in defending against any challenge, and shall provide to each other documentation and persons necessary to assist in such defense.
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Third Party Trademark Litigation. (a) Each Party shall give prompt written notice to the other Parties upon becoming aware of any challenge or likely challenge to the Licensed Marks in the Territory. Such challenges may be: (i) an allegation that any activity involving a Licensed Xxxx ---------------------------------- * Confidential Treatment requested. 55. <PAGE> infringes the trademark rights of a Third Party in the Territory, (ii) an allegation that a Licensed Xxxx is invalidly registered, or (iii) an allegation that a Licensed Xxxx should be expunged from the Register of Trademarks. The Parties shall cooperate diligently with each other in defending against any challenge, and shall provide to each other documentation and persons necessary to assist in such defense. (b) Before legal action commences with respect to a Licensed Xxxx other than (i) "POWERED BY CORIXA" or (ii) a former Potential Licensed Xxxx that became a Licensed Xxxx without any request from GSK Canada, each Party shall bear its own costs for dealing with the challenge. After such legal action commences, Corixa shall have the primary right, but not the obligation, for defending such legal action at its own cost, regardless of whether GSK Canada is named as a party to the action. If only one Party is named in the legal action, it may add the other Parties as co-defendants or third parties if the other Parties' presence is required by law or gives substantial juridical advantage to the defense. If Corixa takes control of the defense of such legal action, GSK Canada shall have the right (at its own expense) to participate in such action or proceeding and to be represented by counsel of its own choice. Each Party shall pay fifty percent (50%) of all court-ordered assessments of damages and costs or payments in settlement, unless Corixa agreed, pursuant to Section 8.8, to indemnify GSK Canada with respect to such suit (in which case GSK Canada's participation in such suit shall be limited to that requested by Corixa at Corixa's expense). Corixa may not settle or terminate such a legal action in any manner that affects the rights of GSK Canada without the written consent of the GSK Canada (which shall not be unreasonably withheld). (c) If Corixa does not take control of the defense of a legal action described in Section 8.7(b) before the fifth-last day allowed by law for filing a statement of defense, GSK Canada shall have the right but not the obligation to defend such legal action at its own cost. If GSK Canada invokes that...
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Related to Third Party Trademark Litigation

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  • Infringement of Third Party Patents (a) If a third party asserts that a patent or other proprietary right owned by it is infringed by the manufacture, use, importation, offer for sale or sale of a Licensed Product in the Field and in the Territory and such alleged infringement arises in whole or in part from Alcon's use of the Pharmacyclics Technology (a "Claim"), the Party against whom such a Claim was asserted shall immediately provide the other Party notice of such Claim and the related facts in reasonable detail. Unless it is mutually agreed that the Parties should proceed jointly in defending such an action, the Party sued shall defend such action. The other Party shall cooperate in connection therewith and shall have the right to be represented separately by counsel of its own choice, at its own expense. The entity (whether Pharmacyclics or Alcon) that controls the defense of such a Claim with respect to the Licensed Product in the Field and in the Territory shall also have the right to control settlement of such Claim; provided, however, that no settlement shall be entered into without the consent of the other Party. To the extent that any of the costs set forth in clauses (i), (ii) or (iii) of this sentence are attributable to infringement arising from Alcon's use of the Pharmacyclics Technology, Alcon shall have the right to deduct from and offset against royalties otherwise payable to Pharmacyclics under Section 4.4(a), the following: (i) all litigation costs related to such Claim; (ii) any money damages paid by Alcon or its Affiliates pursuant to any judgment or settlement resulting from such Claim; and (iii) any royalty that Alcon and/or its Affiliates and sublicensees are required to pay to a third party in settlement of such Claim in order to continue to exercise Alcon's license rights as set forth in this Agreement. Notwithstanding the foregoing, in no event shall royalties owed Pharmacyclics under Section 4.4(a) be reduced by more than (*) in any given royalty period.

  • Trademark Infringement (a) If either Party learns that a third party is infringing the ACTIMMUNE xxxx, it shall promptly notify the other in writing. The Parties shall use reasonable efforts in cooperation with each other to stop such trademark infringement without litigation.

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  • Infringement of Patents by Third Parties (a) Except as expressly provided in the remainder of this Section 6.3, Intrexon shall have the sole right to take appropriate action against any person or entity directly or indirectly infringing any Intrexon Patent (or asserting that an Intrexon Patent is invalid or unenforceable) (collectively, “Infringement”), either by settlement or lawsuit or other appropriate action.

  • Third Party Litigation The undersigned agrees to be available to the Company and its affiliates on a reasonable basis in connection with any pending or threatened claims, charges or litigation in which the Company or any of its affiliates is now or may become involved, or any other claims or demands made against or upon the Company or any of its affiliates, regardless of whether or not the undersigned is a named defendant in any particular case.

  • INFRINGEMENT SUITS Neither party shall have any obligation hereunder to institute any action or suit against Third Parties for misappropriation of any of its Confidential Information or to defend any action or suit brought by a Third Party that alleges infringement of any intellectual property rights by the Receiving Party's authorized use of the Disclosing Party's Confidential Information.

  • Infringement and Litigation 11.1 Each party shall promptly notify the other in writing in the event that it obtains knowledge of infringing activity by third parties, or is sued or threatened with an infringement suit, in any country in the LICENSED TERRITORY as a result of activities that concern the LICENSED PATENTS, and shall supply the other party with documentation of the infringing activities that it possesses.

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