Trademark Protection. Buyer may require Seller to place Buyer's trademarks (MARKS) on the Material. If Buyer makes such a request, Buyer grants to Seller a limited, revocable, nonexclusive royalty free license for the terms of the Agreement to use the MARKS on products and packaging materials in connection with the sale of Material to Buyer only. This license grant is limited to sales made to Buyer or at the direction of Buyer. This license granted is limited to Material manufactured and/or produced by Seller at the direction of and for Buyer, or Buyer's authorized subsidiaries or affiliates. Seller is not authorized to use the MARKS in connection with the sales, manufacturing or distribution of any products or services unless expressly authorized by Buyer in writing. Upon expiration or termination of the Agreement for any reason, Seller will immediately refrain from further use of the MARKS or any further reference to them, direct or indirect, or anything deemed by Buyer to be similar to the MARKS in connection with the manufacture, sale or distribution of any of Sellers's products.
Trademark Protection. (a) In the event that Manufacturer learns of any infringement or imitation of the Trademarks or of any use by any person or entity of a trademark similar to the Trademarks, it shall promptly notify Company and thereupon, Company shall so notify TBG. TBG shall take such actions as it deems advisable for the protection of its rights in and to the Trademark and, if requested to do so by TBG, Manufacturer shall cooperate with TBG in all respects. In no event, however, shall TBG be required to take any action if it deems it inadvisable to do so.
(b) TBG shall defend, at its cost and expense, and with counsel of its own choice, any action or proceeding brought against Manufacturer for alleged trademark infringement arising out of Manufacturer’s use of the Trademarks in accordance with the provisions of this Agreement.
(c) Manufacturer shall cooperate with TBG in the execution, filing and prosecution of any trademark, copyright or design patent applications that TBG may desire to file and for that purpose Manufacturer shall supply to TBG from time to time such samples as may be reasonably required.
(d) All provisions of this paragraph shall survive the expiration or termination of this Agreement.
Trademark Protection. 5.1. All uses of the Trademark by Licensee, including, without limitation, use in any business documents, invoices, stationery, advertising, promotions, labels, packaging and otherwise shall require Licensor's prior written consent in accordance with paragraph 4 hereof.
5.2. All uses of the Trademark by Licensee in advertising, promotions, labels and packaging shall include, at Licensor's option, a notice to the effect that the Trademark is used by Licensee for the account and benefit of Licensor or that Licensee is a registered user thereof or both such statements. The use of the Trademark pursuant to this Agreement shall be for the benefit of Licensor and shall not vest in Licensee any title to or right or presumptive right to continue such use. For the purposes of trademark registration, sales by Licensee shall be deemed to have been made by Licensor.
5.3. Licensee shall cooperate fully and in good faith with Licensor for the purpose of securing and preserving Licensor's rights in and to the Trademark. Nothing contained in this Agreement shall be construed as an assignment or grant to Licensee of any right, title or interest in or to the Trademark, or any of Licensor's other trademarks, it being understood that all rights relating thereto are reserved by Licensor, except for the License hereunder to Licensee of the right to use the Trademark only as specifically and expressly provided herein. Licensee shall not file or prosecute a trademark or service xxxx application or applications to register the Trademark, for Licensed Products or otherwise.
5.4. Licensee shall not, during the term of this Agreement or thereafter, (a) attack Licensor's title or rights in or to any Xxxxx Lauren trademarks in any jurisdiction or attack the validity of this License or the Xxxxx Xxxxxx trademarks or (b) contest the fact that Licensee's rights under this Agreement (i) are solely those of a licensee, manufacturer and distributor and (ii) subject to the provisions of paragraph 10 hereof, cease upon termination of this Agreement. The provisions of this paragraph 5.4 shall survive the termination of this Agreement.
5.5. Subject to the provisions of paragraph 2.7 of the Design Agreement, all right, title and interest in and to all samples, patterns, sketches, designs, artwork, logos and other materials furnished by or to Licensor or the Design Partnership, whether created by Licensor, the Design Partnership or Licensee, are hereby assigned in perpetuity to, and shall be the s...
Trademark Protection a. Hallmark will use its reasonable efforts to maintain existing registrations for the Licensed Marks for use by Crown pursuant to the terms and conditions herein contained.
b. Crown agrees to cooperate with Hallmark in obtaining and preserving for Hallmark trademark protection for the Licensed Marks and the name "Hallmark," to execute all documents which in Hallmark's judgment are necessary therefor, and to give Hallmark advance notice of all contemplated uses of the Licensed Marks. Crown agrees to recognize Hallmark's trademark rights in the Licensed Marks and to do nothing in derogation or dilution thereof, either during the term of this Agreement or at any time thereafter. Crown, for itself, its successors and assigns, does hereby absolutely grant, convey, and assign to Hallmark any and all legal and equitable right, title and interest, both tangible and intangible, which it has or may hereafter acquire in the Licensed Marks, including, but not limited to, any goodwill hereinafter generated or created by it or anyone acting or claiming under it.
c. Crown, upon prior written approval from Hallmark, shall have the right to enforce, at Crown's sole expense, its rights in the Licensed Marks granted hereunder against third parties that are or may be infringing the Licensed Marks so as to affect Crown's rights granted hereunder.
d. Except as expressly set forth herein, Hallmark shall have the right to take any action without regard to the effect of such action on the rights granted in Section 1 hereof.
Trademark Protection. 6.1 Licensee agrees to assist Licensor, to the extent reasonably required or requested by Licensor, to preserve, maintain and enforce the Trademarks in the Territory.
6.2 Licensor and Licensee each recognize that it is important to protect the Trademarks from infringement or encroachment in the Territory. Therefore, except to the extent expressly prohibited or limited by applicable law, Licensor authorizes Licensee to commence and prosecute any claims or suits for infringement in Licensee’s own name as exclusive licensee, joining Licensor or any other necessary related company as a party if advisable or if required by the law of the particular forum. If Licensee elects not to proceed to take action against a particular infringement under this Agreement, Licensor may choose to proceed and to join Licensee as a party, at Licensor’s sole cost and expense. If such action is commenced by Licensor, Licensee shall cooperate fully.
6.3 If Licensee cannot take unilateral action to enforce the Trademarks, Licensor agrees that it shall either join Licensee as a complaining party or it shall commence proceedings in Licensor’s own name or take any other action necessary or advisable to protect the Trademarks from infringement. Licensor shall also be obligated to take such action or to commence proceedings to protect the Trademarks in the Territory. The costs and expenses of any such action or proceedings shall be apportioned in accordance with the terms and conditions to be agreed upon between Licensor and Licensee, at that time.
6.4 If there is any monetary recovery in any action prosecuted by Licensee on its own, Licensee shall have the right to retain all such amounts recovered, unless the parties shall agree otherwise.
6.5 Licensee agrees that it will not, during the term of this License Agreement or thereafter, contest the Licensor’s ownership, title or rights in and to the Trademarks, or contest the validity of this License Agreement or its binding effect on Licensee.
Trademark Protection. Except for the limited license granted in Section 3.2 above, JYT and its Affiliates are prohibited from using or displaying (directly or indirectly), and agree not to use, display, or reference (directly or indirectly), any URL, trade name, trademark, logo, or branding of JYT or of any JYT Affiliates, in any manner whatsoever (including, without limitation, in any meta-tags, search engine advertising, marketing or optimization, any other online or offline marketing or advertising, press releases, etc.) without the express, written permission of JYT or its applicable Affiliate(s), which may be denied in the sole discretion of JYT or such Affiliates.
Trademark Protection. LICENSEE acknowledges that the trademarks, trade names and design marks ("Trademark") used by E-City and listed on Exhibit "B" attached hereto and incorporated herein by this reference are the proprietary and sole property of E-City or otherwise licensed to E-City for its use. LICENSEE shall not use the Trademark(s), except in the normal course of disclosure, advertising and marketing the E-City Software and shall appropriately designate the rights of the parties therein on such advertising and marketing materials. LICENSEE will distribute the E-City Software only under E-City's proprietary rights therein and shall take all reasonable action to protect E-City's rights therein. Upon termination of this Agreement, LICENSEE shall immediately cease the use of any of E-City's proprietary trademarks, trade names, design marks or rights.
Trademark Protection. Buyer may require Seller to place Buyer's trademarks (MARKS) on the Material. If Buyer makes such a request, Buyer grants to Seller a limited, revocable, nonexclusive royalty free license for the term of the T&C to use the MARKS on products and packaging materials in connection with the sale of Material to Buyer only. This license grant is limited to sales made to Buyer or at the direction of Buyer. The license granted in the T&C is limited to Material manufactured and/or produced by Seller at the direction of and for Buyer, or Buyer’s authorized subsidiaries or affiliates. Seller is not authorized to use the MARKS in connection with the sales, manufacturing or distribution of any products or services unless expressly authorized by Buyer in writing. Upon expiration or termination of the T&C for any reason, Seller will immediately refrain from further use of the MARKS or any further reference to them, direct or indirect, or anything deemed by Buyer to be similar to the MARKS in connection with the manufacture, sale or distribution of any of Sellers’s products.
Trademark Protection. During the life of this agreement, the Supplier shall maintain in full force and effect Federal and International registrations of its trade name, product name and trademarks; and shall at its own expense and discretion exercise its common law and statutory rights against any infringements of its trade name, trademark, labels, and copyrights. Supplier shall hold harmless Distributor for all use of registrations held by Supplier for the duration of this agreement.
Trademark Protection. All rights to products, in particular trademark rights and copyright, such as publication, reproduction, processing and exploitation rights, remain the property of AXE-TRIS and are not affected by the contract at hand. Products are distributed through the worldwide registered and protected word and image trademark "AXETRIS". The Customer receives no rights to the brand. Brand rights, in particular trademark rights and copyright, such as publication, reproduction, processing and exploitation rights remain the exclusive property of AXETRIS and are not affected by the contract at hand. Any and every modification of the trade name is expressly prohibited. In particular, no logos or name labels may be removed, obscured or otherwise altered on any AXETRIS product or documentation. The AXETRIS patterns and logos are to be used exclusively. All rights to the intellectual property associated with the goods remain the property of AXETRIS. The Customer agrees not to reverse engineer or create derivative works of the goods.
