Trademarks, Trade Names and Copyrights. (a) It shall be a condition to the grant of rights herein that:
Trademarks, Trade Names and Copyrights. Schedule 3.9 is a true and complete list of all copyrights, trademarks, trade names, licenses, patents, permits, jingles, privileges and other similar intangible property rights and interests (exclusive of those required to be listed in Schedule 3.4) applied for, issued to or owned by Seller, or under which Seller is licensed or franchised, and used in the conduct of the business or operations of the Station, all of which are valid and in good standing and, to Seller's knowledge, uncontested. Seller has delivered to Buyer copies of all documents establishing such rights, licenses, or other authority. Seller is not aware that it is infringing upon or otherwise acting adversely to any trademarks, trade names, copyrights, patents, patent applications, know-how, methods, or processes owned by any other person or persons, and there is no claim or action pending, or to the knowledge of Seller threatened, with respect thereto.
Trademarks, Trade Names and Copyrights. 6.1 Company agrees to carefully follow the requirements set forth herein in order to ensure that all advertising, marketing, promotional, web and trade show materials conform to the following trademark usage guidelines set forth as Exhibit B (the “Trademark Usage Guidelines”) so that customers are not confused as to the relationship between Company and Intuit and so that end user customers receive a clear and consistent marketing message about Intuit Services.
Trademarks, Trade Names and Copyrights. Schedule 3.9 is a true and complete list of all copyrights, trademarks, trade names, licenses, patents, permits, jingles, privileges and other similar intangible property rights and interests (exclusive of those required to be listed in Schedule 3.4) applied for, issued to or owned by Seller, or under which Seller is licensed or franchised, and used or useful in the conduct of the business or operations of the Station, all of which are valid and in good standing and uncontested. Seller has delivered to Buyer copies of all documents establishing such rights, licenses, or other authority. Seller is not aware that it is infringing upon or otherwise acting adversely to any trademarks, trade names, copyrights, patents, patent applications, know-how, methods, or processes owned by any other person or persons, and there is no claim or action pending, or to the knowledge of Seller threatened, with respect thereto.
Trademarks, Trade Names and Copyrights. Except as disclosed on SCHEDULE 5.9 or included in Excluded Assets, no Consolidated Entity or Non-Consolidated Entity owns or uses any patent, patent right or copyright that is material to the operation of the Systems, and none of the Consolidated Entities or Non-Consolidated Entities is a party to any patent or copyright license or royalty agreement that is material to its operation of the Systems, except for software licenses, licenses in respect of program material and obligations under the Copyright Act applicable to cable television systems generally. Except as disclosed on SCHEDULE 5.9, the Consolidated Entities and the Non-Consolidated Entities possess or have the right to use, and as of the Closing Date Cable Sub and its Subsidiaries will possess or have the right to use, all Intangibles used in the operation and conduct of the business of the Systems without any conflicts with the rights of others that, individually or in the aggregate, would have a Material Adverse Effect. With respect to the Intangibles, either (i) as of the date hereof, the Consolidated Entities and the Non-Consolidated Entities own, and, as of the Closing Date, Cable Sub and its Subsidiaries will own, such Intangibles, free and clear of all Encumbrances, except for Permitted Encumbrances and Encumbrances listed on EXHIBIT C (which Encumbrances listed on EXHIBIT C will be released prior to the Closing), or (ii) as of the date hereof, the Consolidated Entities and the Non-Consolidated Entities have, and, as of the Closing Date, Cable Sub and its Subsidiaries will have, the valid and enforceable right to use such Intangibles. None of the Consolidated Entities or Non-Consolidated Entities is aware that it is infringing upon or otherwise acting adversely to any trademarks, trade names, copyrights, patents, patent applications, know-how, methods or processes owned by any other Person, and there is no claim or action pending, or to the knowledge of any of the Consolidated Entities or Non-Consolidated Entities, threatened, with respect thereto, except for any infringement, claims or actions that would not, individually or in the aggregate, have a Material Adverse Effect.
Trademarks, Trade Names and Copyrights. Schedule 3.9 is a true and complete list of all Intangibles (exclusive of those required to be listed in Schedule 3.4) all of which are valid and in good standing and uncontested. Seller has delivered to Buyer copies of all documents establishing the Intangibles. Seller is not aware that it is infringing upon or otherwise acting adversely to any trademarks, trade names, copyrights, patents, patent applications, know-how, methods, or processes owned by any other person or persons, and there is no claim or action pending, or to the knowledge of Seller threatened, with respect thereto. The Intangibles listed on Schedule 3.9 comprise all intangible property interests necessary to conduct the business and operations of the Stations as now conducted.
Trademarks, Trade Names and Copyrights. SCHEDULE 2.9 is a true and complete list of all copyrights, trademarks, service marks, trade names, licenses, patents, permits, jingles, privileges and other intangible property rights and interests applied for, issued to or owned by the Company, or under which the Company is licensed or franchised, and used in the conduct of the business or operations of the Station (collectively the "Intellectual Property"). Except as set forth on SCHEDULE 2.9, the Company is the sole and exclusive owner of the Intellectual Property, free and clear of any claims, liens, security interests, licenses, sublicenses, charges or encumbrances. The Company and Selling Shareholders have no Knowledge that any infringement is occurring to any of the Intellectual Property identified on SCHEDULE 2.9. The Company and Selling Shareholders have no Knowledge that the Company is infringing upon any trademarks, service marks, trade names, copyrights, patents, patent applications, know-how, methods, or processes owned by any other person or persons, and there is no claim or action pending or, to the Knowledge of the Company and Selling Shareholders, threatened with respect thereto.
Trademarks, Trade Names and Copyrights a. In the promotion of its business, during the term of this Agreement, AT&T may advertise the availability of Material purchased from Supplier, provided Supplier shall first be provided an opportunity to review the promotional material and provide any reasonable corrections as needed, any such response not to be unreasonably delayed or conditioned. For this purpose, Supplier grants AT&T a non-exclusive, royalty-free, limited license to use Supplier’s regular trade names [* * *] = Certain confidential information contained in this document, marked by brackets, is filed with the Securities and Exchange Commission pursuant to Rule 406 of the Securities act of 1933, as amended. 20100106.054.C and trademarks (the “Trademarks”) in such advertising, provided that AT&T displays the symbol “™” adjacent to each unregistered Trademark and “®” adjacent to each registered Trademark the first time such Trademark is used. Supplier must advise AT&T in writing as to the appropriate symbol to use and its applicable registered and unregistered Trademarks. AT&T agrees to retain Supplier’s legends, Trademarks, logos, tags, proprietary notices and other identifying marks on all Material and promotional literature relating thereto supplied by Supplier hereunder and will not use Supplier’s corporate name, Trademarks or copyright legends in connection with any products or material not provided by Supplier or in any way which might result in confusion as to Supplier and AT&T being separate and distinct entities.
Trademarks, Trade Names and Copyrights. Digital River agrees that each Site will include the proper trademarks, logos and trade names, for Symantec and if applicable, for the Partner, as indicated in the SIF for the Partner, all pursuant to the requirements of Sections D of the Agreement in the same manner as applied to the Storefront; provided however, no identification shall be made with “Symantec Online Store.” Digital River may rely upon Symantec’s presentation of the SIF as a warranty by Symantec that Symantec has obtained the necessary rights to permit Digital River to use the Partner’s copyrights, trademarks and other intellectual property to permit Digital River to create and run the Site. Symantec will indemnify Digital River, pursuant to Section I(2), for its failure to obtain adequate rights in this regard.
Trademarks, Trade Names and Copyrights. SCHEDULE 3.8 is a list of all copyrights, trademarks, trade names, logos, licenses, patents, privileges and other similar intangible property rights and interests (exclusive of those required to be listed in SCHEDULE 3.9) registered, applied for, issued to or owned by the Seller, or under which the Seller is licensed or franchised, and used or useful in the conduct of the business or operations of the Facility (the "Intellectual Property"). All of the Intellectual Property is valid, and to Seller's knowledge in good standing and uncontested and will be owned or available for use by the Purchaser after the Closing, except as specifically set forth on Schedule 3.8. SCHEDULE 3.8 indicates which items, while used in the operations of the Facility, will not be transferred to the Purchaser as part of the Assets. No written claims, notices, oppositions or demands have been asserted by any third party with respect to any of the items listed in SCHEDULE 3.8 and, to the Seller's and/or the Shareholder's knowledge, no person or entity has interfered with, infringed upon, misappropriated, acted adversely to or otherwise come into conflict with the rights of the Seller in any of such items. To the Seller's and the Shareholder's knowledge, the Seller has not interfered with, infringed upon, misappropriated, acted adversely to or otherwise come into conflict with any trademarks, trade names, copyrights, patents, patent applications, know-how, methods or processes owned by any other person or persons, and there is no action pending or, to the Seller's and/or the Shareholder's knowledge, threatened with respect thereto.
