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.
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. The LICENSOR will use its best efforts at its own expense to terminate any infringement of the Licensed Trademark. The LICENSEE will cooperate with the LICENSOR and will furnish without charge, except out-of-pocket expenses, such evidence, documents and testimony as will be required therein.
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 making 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. Each party shall promptly notify the other party in writing upon becoming aware of any infringement of the Dermavant Product Trademark or Global Branding Elements in the Territory. [***] shall control the enforcement of the Dermavant Product Trademark in the Territory [***]. [***] shall provide information about its intention with respect to any actual or threatened Dermavant Product Trademark within [***] after it first learns of such actual or alleged infringement. [***] shall have the right to enforce such Dermavant Product Trademark only in the event that [***] does not initiate an enforcement action within [***] after it first learns of such infringement. The cost of any enforcement action for the Dermavant Product Trademark brought by [***] shall be borne by [***]. If [***] uses a Product Xxxx instead of the Dermavant Product Trademark in the Territory, Licensee shall control the enforcement of the Product Xxxx in the Territory [***]. [***].
Trademark Enforcement. If no Event of Default shall have occurred and be continuing, Assignor shall have the right, and if an Event of Default shall have occurred and be continuing, Assignor shall have the right, with the prior written consent of Lender, which will not be unreasonably withheld, to bring any opposition proceedings, cancellation proceedings or lawsuit in its own name to enforce or protect the Trademarks, in which event Lender may, if necessary, be joined as a nominal party to such suit if Lender shall have been satisfied that it is not thereby incurring any risk of liability because of such joinder. Assignor shall promptly, upon demand, reimburse and indemnify Lender for all damages, costs and expenses, including attorneys' fees, incurred by Lender in the fulfillment of the provisions of this Section.
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.
Trademark Enforcement i. Licensee shall report to Tropicana in writing any infringement or imitation of the Trademarks it becomes aware of on or in connection with Licensed Products or products similar to Licensed Products.
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.
