Common use of Trademark Protection Clause in Contracts

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 sole property of, Licensor and/or the Design Partnership, as the case may be. Licensee shall assist Licensor to the extent necessary in the protection of or the procurement of any protection of Licensor's rights to the Trademark, designs, design patents and copyrights furnished hereunder and Licensor, if Licensor so desires, may commence or prosecute any claims or suits in Licensor's own name or in the name of Licensee or join Licensee as a party thereto. Licensee shall promptly notify Licensor in writing of any uses which may be infringements or imitations by others of the Trademark on articles similar to those covered by this Agreement which may come to Licensee's attention. Licensor shall have the sole right to determine whether or not any action shall be taken on account of any such infringements or imitations. Licensor shall bear one hundred percent (100%) of the costs of all actions or proceedings it undertakes, and shall be entitled to all recoveries in such actions. If Licensor declines to take action with respect to a particular infringer Licensee is not obligated to but may, with Licensor's prior written consent, undertake such action at Licensee's expense, and all recoveries in such actions shall first be applied to reimbursement of Licensee's actual legal and investigative fees, and then divided equally between Licensor and Licensee.

Trademark Protection. 5.1. All uses (a) In the event that the Licensee learns of or suspects any actual or threatened infringement or imitation of the Trademark or of any unauthorized use of the Trademark or use of a trademark similar to the Trademark, Licensee shall promptly notify Licensor. If, in Licensor's reasonable opinion, such activity constitutes an infringement of the rights granted to Licensee or an infringement of the Trademark, Licensor shall have the exclusive right to take appropriate action to stop such infringement with respect to the Products. If Licensor does take such action, it shall have the right, at its expense, to join Licensee as a necessary party in such action if Licensor in its reasonable discretion deems this advisable for the protection of the Trademark. In addition, Licensor shall permit Licensee (at Licensee's expense) to join such action as an additional plaintiff. Licensor and Licensee shall cooperate fully with the prosecution of any such action brought by LicenseeLicensor. In furtherance of this Section 5(a), includingLicensee shall not make any demands or claims on the allegedly infringing party or institute any lawsuit, unless specific approval has been granted by Licensor. (b) Licensee shall use and display the Trademark only in such form and manner as approved by Licensor (including without limitation, use of the Trademark as a logo, or in plain or stylized type or in such script, written, signature or pictorial form only as approved by Licensor), and Licensee will cause to appear on all Products and all packaging, advertising and promotional material used in connection therewith such legends, markings and notices as Licensor reasonably may request. Licensee shall not use any business documentspackaging, invoices, stationery, advertising, promotions, labels, packaging advertising and otherwise shall require promotional material in connection with the Products without Licensor's prior written consent approval, which approval shall not be unreasonably withheld. If Licensee does not receive notice of disapproval within ten (10) days after receipt by Licensor of such packaging, advertising and promotional materials, it shall be deemed approved. (c) Any advertising and promotional materials relating to the Products or the Trademark shall be subject to the prior approval of Licensor as provided in paragraph 8 (c) hereof. (d) Licensee shall comply with all practices and governmental regulations in force in the Territory in order to safeguard the rights of Licensor or the Trademark, including without limitation the proper indication of the registration of the Trademark. Licensee shall only use the Trademark in accordance with paragraph 4 hereofall applicable legal requirements in force in the Territory. 5.2. All uses of (e) Except to the extent provided in paragraph 1(c), Licensee shall not use any other name or xxxx in conjunction with the Trademark by Licensee in any advertising, promotionspublicity, labels and packaging promotional materials, labeling, wrapping, packaging, or printed matter of any kind in connection with the Products. Licensee shall include, at Licensor's option, a notice use reasonable efforts to prevent 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 unauthorized 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, imitations thereof. (f) All sales by or for Licensee of the Products shall be deemed to have been made by Licensee for the benefit of Licensor and all use of the Trademark by Licensee and all goodwill thereunder shall inure to the benefit of Licensor. Licensee will not knowingly or intentionally at any time do or permit to be done any act or thing to impair or which will tend to impair the Trademark and the rights of Licensor in and to the Trademark, its registration or renewal thereof, or which will detract from the value or prestige of the Trademark. 5.3. (g) Licensee shall cooperate fully cause to appear on all Products and on all materials in good faith connection with which the Trademark is used, such legends, markings, indications and notices in order to give notice of any trademark, trade name, copyright or other rights therein or pertaining thereto. (h) Licensee shall not challenge Licensor's right to, or the validity of the Trademark, or any application by Licensor for registration or renewal thereof during the purpose term of securing and preserving this Agreement. (i) Licensee shall, at Licensor's ' request, execute any documents reasonably required by Licensor to confirm its ownership of all rights in and to the Trademark. Nothing contained Trademark 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 Territory and the respective rights relating thereto are reserved by Licensor, except for the License hereunder to Licensee of the right parties pursuant 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 AgreementLicensee shall, 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 at Licensor, the Design Partnership or Licensee, are hereby assigned in perpetuity to, and shall be the sole property of, Licensor and/or the Design Partnership, as the case may be. Licensee shall assist Licensor to the extent necessary in the protection of or the procurement of any protection of Licensor's rights to the Trademark, designs, design patents and copyrights furnished hereunder and Licensor, if Licensor so desires, may commence or prosecute any claims or suits in Licensor's own name or in the name of Licensee or join Licensee as a party thereto. Licensee shall promptly notify Licensor in writing of any uses which may be infringements or imitations by others of the Trademark on articles similar to those covered by this Agreement which may come to Licensee's attention. Licensor shall have the sole right to determine whether or not any action shall be taken on account of any such infringements or imitations. Licensor shall bear one hundred percent (100%) of the costs of all actions or proceedings it undertakes, and shall be entitled to all recoveries in such actions. If Licensor declines to take action with respect to a particular infringer Licensee is not obligated to but may, with Licensor's prior written consent, undertake such action at Licensee's expense, cooperate with Licensor in connection with the filing and all recoveries prosecution of applications by Licensor to register or renew the Trademark in the Territory and the maintenance of such actions shall first be applied to reimbursement of Licensee's actual legal and investigative fees, and then divided equally between Licensor and Licenseeregistration.

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 consent, and be in accordance with paragraph 4 hereof. 5.2. All uses of the Trademark by Licensee in advertising, promotions, labels and packaging shall include, include at Licensor's Licensees option, a notice to the effect that the each 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 Polo 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 mark application or applications to register the Trademark, for Licensed Licxxxxd 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 and to any Xxxxx Lauren Licensor's trademarks in any jurisdiction or attack the validity of this License or the Xxxxx Xxxxxx Licensor's 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 sole property of, Licensor and/or the Design Partnership, as the case may be. Licensee shall assist Licensor to the extent necessary in the protection of or the procurement of any protection of Licensor's rights to the Trademark, designs, design patents and copyrights furnished hereunder and Licensor, if Licensor so desires, may commence or prosecute any claims or suits in Licensor's own name or in the name of Licensee or join Licensee as a party thereto. Licensee shall promptly notify Licensor in writing of any uses which may be infringements or imitations by others of the Trademark on articles similar to those covered by this Agreement which may come to Licensee's attention. Licensor shall have the sole right to determine whether or not any action shall be taken on account of any such infringements or imitations. Licensor shall bear one hundred percent (100%) of the costs of all actions or proceedings it undertakes, and shall be entitled to all recoveries in such actions. If Licensor declines to take action with respect to a particular infringer Licensee is not obligated to but may, with Licensor's prior written consent, undertake such action at Licensee's expense, and all recoveries in such actions shall first be applied to reimbursement of Licensee's actual legal and investigative fees, and then divided equally between Licensor and Licensee.this

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 includebear the notation "Ralph (Polo Player Design) Lauren" or the representation of the Poxx Xxayer, as the case may be, and shall include at Licensor's option, a notice to the effect that the each 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 Polo 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 mark application or applications to register the Trademark, for Licensed Lixxxxed 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 and to any Xxxxx Lauren Licensor's trademarks in any jurisdiction or attack the validity of this License or the Xxxxx Xxxxxx Licensor's 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 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, Licensor or the Design Partnership Partnership, and any logo or crest associated with the Trademark, even if such logo or crest was designed or furnished by Licensee, are hereby assigned in perpetuity to, and shall be the sole property of, of Licensor and/or the Design Partnership, as the case may be. Licensee shall assist Licensor to the extent necessary in the protection of or the procurement of any protection of Licensor's rights to the Trademark, designs, design patents and copyrights furnished hereunder and Licensor, if Licensor so desires, may commence or prosecute any claims or suits in Licensor's own name or in the name of Licensee or join Licensee as a party thereto. Licensee shall promptly notify Licensor in writing of any uses which may be infringements or imitations by others of the Trademark on articles similar to those covered by this Agreement which may come to Licensee's attention. Licensor shall have the sole right to determine whether or not any action shall be taken on account of any such infringements or imitations. Licensor shall bear one hundred percent (100%) of the costs of all actions or proceedings it undertakes, and shall be entitled to all recoveries in such actions. If Licensor declines to take action with respect to a particular infringer Licensee is not obligated to but may, with Licensor's prior written consent, undertake such action at Licensee's expense, and in which case Licensee shall be entitled to all recoveries in such actions shall first be applied to reimbursement of Licensee's actual legal and investigative fees, and then divided equally between Licensor and Licenseeaction.