Trademark Enforcement. The Party that owns (the “Trademark Owner”) the applicable Trademark (whether AcelRx Trademarks, Assigned Trademarks or Grünenthal Trademarks), shall have the right to take appropriate steps to protect its Trademark from all harmful or wrongful activities of Third Parties in the Territory. The steps the Trademark Owner may take include, but are not limited to, the filing and prosecution of:
(a) litigation against infringement or unfair competition by Third Parties; (b) opposition proceedings against applications for trademark or service xxxx registration for marks that are confusingly similar to any one or more of such Trademarks; (c) cancellation proceedings against registration of marks that are confusingly similar to any one or more of such Trademarks; and (d) other appropriate administrative actions. The Trademark Owner shall have the right to include the other Party, at the Trademark Owner’s cost, in such litigation, opposition, cancellation or other proceedings when necessary or appropriate. Such other Party shall cooperate with the Trademark Owner in any such proceeding by providing oral testimony and documentary and other relevant evidence at reasonable cost to the Trademark Owner. Any amounts obtained in connection with any such proceeding (whether awarded by a court, received in settlement or otherwise) shall be paid to the Trademark Owner. If the Trademark Owner and the other Party mutually agree to jointly participate in any litigation or other proceeding with respect to such any Trademark, their respective responsibilities, contributions to the costs and their participation in any recoveries will be agreed upon in writing before undertaking such action. If the other Party desires to file litigation or other proceeding against a Third Party, and the Trademark Owner declines to commence such litigation or proceeding, the other Party shall be entitled to commence and prosecute the litigation or proceeding at its own expense, and shall be entitled to all monetary damages and other benefits received as a result, and in such event, at the other Party’s expense, the Trademark Owner shall cooperate with such other Party in the prosecution of such litigation or proceeding. [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
Trademark Enforcement. For as long as TMC owns the Trademark in a country, TMC will have the right, but not the obligation, to defend or enforce the Trademark in such country.
Trademark Enforcement. Licensor may, in its sole discretion, (a) take all reasonable measures, including without limitations bringing civil actions for trademark infringement, to stop the use of marks which, in its sole judgment, are the same as or confusingly similar to the Trademark and (b) take all reasonable measures, including without limitations bringing inter partes proceedings in the United States Patent and Trademark Office, to prevent the registration of marks which, in its sole judgment, are the same as or confusingly similar to the Trademark. Licensor shall have the right to bring all such actions involving the Trademark and any award received in any such actions shall belong solely to Licensor. Licensor agrees to take such actions as are reasonably requested by Licensee to require third parties who are using the Trademark within the Market during the term of Licensee's exclusive license to cease such use, including written demands to cease and desist such use; provided that Licensor shall not be required to bring legal action against such infringing users. However, if Licensor declines to bring any such action within thirty (30) days after Licensee's written request, Licensee shall have the right to bring such an action in order to protect the exclusivity of its license with respect to the Market. Any award received in any such action brought by Licensee shall belong solely to Licensee.
Trademark Enforcement. 16.1 Licensee agrees to notify Licensor of any unauthorized use of the Licensed Name and Marks by others, promptly as it comes to Licensee’s attention. Except as provided in Paragraph 16.2, Licensor shall have the sole right and discretion to bring infringement actions involving the Licensed Marks, and any award received by Licensor in any such actions shall belong solely to Licensor.
16.2 Licensor and Licensee shall cooperate in stopping, by any and all legal means available, the manufacture, sale or distribution of counterfeit watches or timepieces bearing marks which are identical to or indistinguishable from the Licensed Marks (hereinafter referred to as “Counterfeit Merchandise”). Licensee, in consultation with and after receiving approval from Licensor, shall have the right to bring counterfeiting actions against parties manufacturing, holding, selling or distributing Counterfeit Merchandise as information about such Counterfeit Merchandise is brought to Licensee’s attention in the normal course of Licensee’s anti-counterfeiting efforts. Licensee shall bear all costs associated with any such actions, and any award received by Licensee in any such actions shall belong solely to Licensee.
16.3 Licensor shall have the right to bring counterfeiting actions against parties manufacturing, holding, selling or distributing Counterfeit Merchandise as information about such Counterfeit Merchandise is brought to Licensor’s attention in the normal course of Licensor’s anti- counterfeiting efforts. Licensor shall bear all costs associated with any such actions, and any award received by Licensor in any such actions shall belong solely to Licensor.
16.4 In the event that a third party brings any claim, institutes any action or commences any proceeding against Licensee arising from Licensee’s use of any of the Licensed Marks, the Trade Name, the Licensor Owned Authorized Marks or any product design, prototype, pattern, styling or copyrightable material owned by Licensor as provided in Paragraph 7.1 of this Agreement, Licensee shall promptly notify Licensor thereof and Licensor shall indemnify, defend and hold harmless Licensee and each officer, director, employee, agent, representative, contractor and customer of Licensee and of each entity controlled by Licensee from and against all losses, liabilities, damages, claims, judgments, fines, suits, demands, costs, interest and expenses of any kind or nature (including reasonable attorneys’ fees and disbursements) aris...
Trademark Enforcement. 14.1 Licensee agrees to notify Licensor of any unauthorized use of the Licensed Xxxx by others, promptly it cows to Licensee's attention. Licensor shall have the sole right and discretion to bring infringement actions involving the Licensed Xxxx, and any award received by Licensor in my such action shall belong solely to Licensor.
14.2 In the event that a third party institutes a trademark infringement action against Licensee wising from Licensee's proper and authorized Use of the Licensed Xxxx pursuant to this Agreement, Licensee shall promptly notify Licensor and Licensor shall defend, at its own expense, any such action. Licensee shall cooperate in such defense as reasonably requested by Licensor. Licensor shall pay any settlements, costs, damages, or expenses, including reasonable attorneys' fees, resulting from any such action, Any award received by Licensor in such action shall belong solely to Licensor.
Trademark Enforcement. LICENSEE shall use its best efforts at its own expense to terminate any infringement of Licensed Trademarks. LICENSORS shall, at LICENSEE's expense, cooperate with LICENSEE and shall furnish such evidence, documents and testimony as will be required therein. LICENSEE shall require each Sublicensee to cooperate with LICENSEE and to furnish without charge, except out-of-pocket expenses, such evidence, documents and testimony as will be required in such LICENSEE efforts.
Trademark Enforcement. 5.1 In the event that Krispy Kreme learns of any infringement or unauthorized use of any of the Trademarks, it shall promptly notify HDN. HDN has the right to transmit notices of infringement to or bring infringement actions against infringing parties. If requested to do so, Krispy Kreme shall cooperate with and assist HDN in any such action, including joining the action as a party if necessary, at HDN's expense. Any award, or portion of an award, recovered by HDN in any such action or proceeding commenced by HDN shall belong solely to HDN after recovery by both parties of their respective actual out-of-pocket costs.
5.2 If HDN determines not to bring any such action, Krispy Kreme may then bring such action in its own name at its own expense provided it obtains the consent of HDN, which consent shall not be unreasonably withheld. If requested to do so, HDN shall cooperate with Krispy Kreme in any such action, including joining the action as a party if necessary, at Krispy Kreme's expense. Any award, or portion of an award, recovered by Krispy Kreme in any such action or proceeding commenced by Krispy Kreme shall belong solely to Krispy Kreme after recovery by both parties of their respective actual out-of-pocket costs.
5.3 In the event a third party institutes an infringement action against Krispy Kreme for its use of the Trademarks as provided in this Agreement, Krispy Kreme shall promptly notify HDN of such suit in writing. HDN shall defend, at its own expense, any such action, and Krispy Kreme shall cooperate in such defense as reasonably requested by HDN, at HDN's expense. HDN shall pay all judgments and settlements resulting from such suits. Any award received by HDN in such an action shall belong solely to HDN.
5.4 HDN and Krispy Kreme shall keep one another informed of the status of , and their respective activities regarding, any litigation concerning the Trademarks. Krispy Kreme may not enter into a settlement or consent judgment involving the trademarks, however, unless it obtains HDN's prior written consent.
Trademark Enforcement. Licensee agrees to notify MIPS of any unauthorized use of any Licensed Xxxx promptly after it comes to Licensee's attention, and to assist MIPS, at MIPS' reasonable request and expense, in prosecuting any claim against any third party involving the Licensed Marks. Licensee shall, at MIPS' request and expense, reasonably assist MIPS in MIPS' efforts to secure registration and/or enforcement of any Licensed Xxxx. 8. Disclaimer. MIPS DOES NOT MAKE ANY WARRANTIES UNDER THIS TRADEMARK LICENSE AGREEMENT, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, STATUTORY, OR IMPLIED, REGARDING THE MIPS MARKS OR THE LICENSED MARKS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.
Trademark Enforcement. Licensee shall use reasonable efforts to inform ParkerVision forthwith if Licensee learns of any goods or activities which may infringe any of the Licensed ParkerVision Trademarks [*]. At the request of ParkerVision, Licensee shall provide to ParkerVision any necessary information, cooperation, and assistance concerning any suspected infringements of the Licensed ParkerVision Trademarks, including without limitation any further investigation or legal action, and ParkerVision shall reimburse Licensee for all reasonable, actual expenses. ParkerVision shall use reasonable efforts to take whatever action, in ParkerVision's sole discretion, it determines is necessary or appropriate under the circumstances to enforce its rights in the Licensed ParkerVision Trademarks, including without limitation legal action to suppress or eliminate any such infringement where such infringement is or will materially injure Licensee's business with respect to Licensed Cores, Licensed Parts or Licensed Products on which, or with which, the Licensed ParkerVision Trademarks are used. ParkerVision shall be entitled to retain all recovery, including reimbursements of any costs, expenses and damages resulting from such infringements, including without limitation sums which might otherwise be due Licensee by operation of law or otherwise. Licensee shall have no authority to enforce any trademark rights of ParkerVision, nor shall Licensee have any right to demand or control any action by ParkerVision to enforce such rights.
Trademark Enforcement. Pretzel Time shall police and enforce its rights with respect to its trademarks and other proprietary aspects of the Pretzel Time System with the cooperation of Franchisee, and shall bring appropriate actions or proceedings against infringers or other unlawful users at its sole expense. Franchisee agrees to immediately notify Pretzel Time of any claim, demand or suit based upon or arising from or of any attempt by any other person, firm or corporation to use Pretzel Time's trademarks, service marks, copyrights, trade secrets, or Systems licensed hereunder or colorable variation thereof in which Pretzel Time has a proprietary interest. Pretzel Time will take the action it thinks appropriate. In the event Pretzel Time undertakes any prosecution of litigation or defense relating to the proprietary Marks licensed hereunder, Franchisee agrees to execute any and all documents and do such acts and things as may in Pretzel Time's opinion, be necessary to carry out such defense or prosecution. Franchisee agrees that Pretzel Time has the right to control administrative proceedings or litigation with respect to this issue. Franchisee agrees to participate and cooperate in the prosecution of any action to prevent the infringement, imitation, illegal use or misuse of the Marks and agrees to be named as a party in any such action if requested by Pretzel Time. Pretzel Time agrees to bear the legal expenses incident to Franchisee's participation in such action, except for the cost of Franchisee's personal legal counsel if Franchisee elects to be represented by counsel of his own choosing.
