Title and Protection of the Licensor Trademarks; Use of the Licensor Trademarks. The Company hereby acknowledges that except for the license expressly granted in this Agreement, the Company has not acquired and will not acquire any rights, title or interest in the Licensor Trademarks by reason of this Agreement and further acknowledges each of the following: the great value of the goodwill associated with the Licensor Trademarks; the worldwide recognition thereof; that the proprietary rights therein (including, without limitation, all rights that Licensor may have by virtue of international agreements that protect famous marks and common law rights) and the goodwill associated therewith are solely owned by and belong to Licensor; that the Licensor Trademarks and other related words, devices, designs and symbols are inherently distinctive or have secondary meaning firmly associated in the mind of the general public with Licensor, the respective subsidiaries and Affiliates and their activities; and that all additional goodwill associated with the Licensor Trademarks created through the use of such Licensor Trademarks by the Company shall inure to the sole benefit of Licensor. The Company agrees not to use the Licensor Trademarks in any manner which, directly or indirectly, would dilute, demean, ridicule or otherwise tarnish the image of the Licensor Trademarks or Licensor, or any of its Affiliates. During and after the Term, the Company shall not: (a) attack or question the validity of, or assist any individual or entity in attacking or questioning, the title or any rights of or claims by any or all of Licensor, its subsidiaries and Affiliates and their respective licensees and sublicensees in and to the Licensor Trademarks or any other trademark, copyright or such other intellectual or intangible property associated or connected with Licensor, its respective Affiliates, their publications, published material and activities; (b) directly or indirectly seek for itself or assist any third party to use or acquire any rights, proprietary or otherwise, in any patent, trademark, copyright or such other intellectual or intangible property associated or connected with Licensor, its Affiliates, their publications, published material or activities, without, in each case, the prior express written consent of Licensor; (c) in any way seek to avoid the Company's duties or obligations under this Agreement because of the assertion or allegation by any individual or entity that any or all of the Licensor Trademarks are invalid or by reason of any contest concerning the rights of or claimed by Licensor; or (d) file or prosecute one or more trademark applications in connection with the Company's use or intended use of the Licensor Trademarks or any xxxx or designation of any kind that is confusingly similar to or dilutive of the Licensor Trademarks, unless expressly requested to do so in writing by Licensor.
Appears in 1 contract
Samples: Program Supply and Trademark License Agreement (Claxson Interactive Group Inc)
Title and Protection of the Licensor Trademarks; Use of the Licensor Trademarks. The Company hereby acknowledges that except for the license expressly granted in this Agreement, the Company has not acquired and will not acquire any rights, title or interest in the Licensor Trademarks by reason of this Agreement and further acknowledges each of the following: the great value of the goodwill associated with the Licensor Trademarks; the worldwide recognition thereof; that the proprietary rights therein (including, without limitation, all rights that Licensor may have by virtue of international agreements that protect famous marks and common law rights) and the goodwill associated therewith are solely owned by and belong to Licensor; that the Licensor Trademarks and other related words, devices, designs and symbols are inherently distinctive or have secondary meaning firmly associated in the mind of the general public with Licensor, the respective subsidiaries and Affiliates and their activities; and that all additional goodwill associated with the Licensor Trademarks created through the use of such Licensor Trademarks by the Company shall inure to the sole benefit of Licensor. The Company agrees not to use the Licensor Trademarks in any manner which, directly or indirectly, would dilute, demean, ridicule or otherwise tarnish the image of the Licensor Trademarks or Licensor, or any of its Affiliates. During and after the Term, the Company shall not:
(a) attack or question the validity of, or assist any individual or entity in attacking or questioning, the title or any rights of or claims by any or all of Licensor, its subsidiaries and Affiliates and their respective licensees and sublicensees in and to the Licensor Trademarks or any other trademark, copyright or such other intellectual or intangible property associated or connected with Licensor, its respective Affiliates, their publications, published material and activities;
(b) directly or indirectly seek for itself or assist any third party to use or acquire any rights, proprietary or otherwise, in any patent, trademark, copyright or such other intellectual or intangible property associated or connected with Licensor, its Affiliates, their publications, published material or activities, without, in each case, the prior express written consent of Licensor;
(c) in any way seek to avoid the Company's ’s duties or obligations under this Agreement because of the assertion or allegation by any individual or entity that any or all of the Licensor Trademarks are invalid or by reason of any contest concerning the rights of or claimed by Licensor; or
(d) file or prosecute one or more trademark applications in connection with the Company's ’s use or intended use of the Licensor Trademarks or any xxxx mxxx or designation of any kind that is confusingly similar to or dilutive of the Licensor Trademarks, unless expressly requested to do so in writing by Licensor.
Appears in 1 contract
Samples: Program Supply and Trademark License Agreement (Claxson Interactive Group Inc)
Title and Protection of the Licensor Trademarks; Use of the Licensor Trademarks. The Company hereby acknowledges that except for the license expressly granted in this Agreement, the Company has not acquired and will not acquire any rights, title or interest in the Licensor Trademarks by reason of this Agreement and further acknowledges each of the following: the great value of the goodwill associated with the Licensor Trademarks; the worldwide recognition thereof; that the proprietary rights therein (including, without limitation, all rights that Licensor may have by virtue of international agreements that protect famous marks and common law rights) and the goodwill associated therewith are solely owned by and belong to Licensor; that the Licensor Trademarks and other related words, devices, designs and symbols are inherently distinctive or have secondary meaning firmly associated in the mind of the general public with Licensor, the respective subsidiaries and Affiliates and their activities; and that all additional goodwill associated with the Licensor Trademarks created through the use of such Licensor Trademarks by the Company shall inure to the sole benefit of Licensor. The Company agrees not to use the Licensor Trademarks in any manner which, directly or indirectly, would dilute, demean, ridicule or otherwise tarnish the image of the Licensor Trademarks or Licensor, or any of its Affiliates. During and after the Term, the Company shall not:
(a) attack or question the validity of, or assist any individual or entity in attacking or questioning, the title or any rights of or claims by any or all of Licensor, its subsidiaries and Affiliates and their respective licensees and sublicensees in and to the Licensor Trademarks or any other trademark, copyright or such other intellectual or intangible property associated or connected with Licensor, its respective Affiliates, their publications, published material and activities;
(b) directly or indirectly seek for itself or assist any third party to use or acquire any rights, proprietary or otherwise, in any patent, trademark, copyright or such other intellectual or intangible property associated or connected with Licensor, its Affiliates, their publications, published material or activities, without, in each case, the prior express written consent of Licensor;
(c) in any way seek to avoid the Company's duties or obligations under this Agreement because of the assertion or allegation by any individual or entity that any or all of the Licensor Trademarks are invalid or by reason of any contest concerning the rights of or claimed by Licensor; or
(d) file or prosecute one or more trademark applications in connection with the Company's use or intended use of the Licensor Trademarks or any xxxx mark or designation of any kind that is confusingly similar to or dilutive xxxxtive of the Licensor Trademarks, unless expressly requested to do so in writing by Licensor.
Appears in 1 contract
Samples: Program Supply and Trademark License Agreement (Playboy Enterprises Inc)
Title and Protection of the Licensor Trademarks; Use of the Licensor Trademarks. The Company hereby acknowledges that except for the license expressly granted in this Agreement, the Company has not acquired and will not acquire any rights, title or interest in the Licensor Trademarks by reason of this Agreement and further acknowledges each of the following: the great value of the goodwill associated with the Licensor Trademarks; the worldwide recognition thereof; that the proprietary rights therein (including, without limitation, all rights that Licensor may have by virtue of international agreements that protect famous marks and common law rights) and the goodwill associated therewith are solely owned by and belong to Licensor; that the Licensor Trademarks and other related words, devices, designs and symbols are inherently distinctive or have secondary meaning firmly associated in the mind of the general public with Licensor, the respective subsidiaries and Affiliates and their activities; and that all additional goodwill associated with the Licensor Trademarks created through the use of such Licensor Trademarks by the Company shall inure to the sole benefit of Licensor. The Company agrees not to use the Licensor Trademarks in any manner which, directly or indirectly, would dilute, demean, ridicule or otherwise tarnish the image of the Licensor Trademarks or Licensor, or any of its Affiliates. During and after the Term, the Company shall not:
(a) attack or question the validity of, or assist any individual or entity in attacking or questioning, the title or any rights of or claims by any or all of Licensor, its subsidiaries and Affiliates and their respective licensees and sublicensees in and to the Licensor Trademarks or any other trademark, copyright or such other intellectual or intangible property associated or connected with Licensor, its respective Affiliates, their publications, published material and activities;
(b) directly or indirectly seek for itself or assist any third party to use or acquire any rights, proprietary or otherwise, in any patent, trademark, copyright or such other intellectual or intangible property associated or connected with Licensor, its Affiliates, their publications, published material or activities, without, in each case, the prior express written consent of Licensor;
(c) in any way seek to avoid the Company's duties or obligations under this Agreement because of the assertion or allegation by any individual or entity that any or all of the Licensor Trademarks are invalid or by reason of any contest concerning the rights of or claimed by Licensor; or
(d) file or prosecute one or more trademark applications in connection with the Company's use or intended use of the Licensor Trademarks or any xxxx mark or designation of any kind that is confusingly similar to or dilutive xxxutive of the Licensor Trademarks, unless expressly requested to do so in writing by Licensor.
Appears in 1 contract
Samples: Program Supply and Trademark License Agreement (Playboy Enterprises Inc)