Use of Other Trademarks. Franchisee shall not use or display or permit the use or display of trademarks, trade names, service marks, insignias or logo types other than an Assumed Name (i) in any advertisement that contains the word “Berkshire Hathaway HomeServices” or any other Service Marks, (ii) in or on any Location or place of business of Franchisee in any manner that is reasonably visible from outside such Location or place of business, (iii) in any form of electronic commerce, or (iv) in any computer system used at any Location or place of business of Franchisee, or otherwise in connection with the Franchised Business, in any manner that could lead any person to believe that such other trademarks, trade names, service marks, insignias or logo types or the products or services with which they are associated are owned or offered by the Franchisor or its affiliates, except as otherwise expressly permitted herein or in the Operations Manual.
Use of Other Trademarks. At all times while this Agreement is in effect, neither Licensee, nor any company affiliated with Licensee, owned or controlled by Licensee, under common ownership with or having common stockholders as Licensee, in which the owner of Licensee is a partner, or in which Licensee is a partner, shall act as a licensee or distributor in the Territory of any products included in Paragraph 1.10 under any name directly competitive with Licensor without the prior written approval of Licensor. Nothing herein is to be construed so as to prohibit Licensee from acting as a manufacturer only of such products under a name competitive with Licensor, providing that Licensee shall not be the licensee or distributor thereof. The design and style of any such products or any of Licensee's private label products, must be clearly distinguished from the Licensed Products. If such consent is given, unless prohibited by other agreements, Licensee shall provide Licensor with samples of any other products, lines or collections it manufactures or has manufactured for it or distributed for it which do not bear the Trademarks. A breach of this clause shall constitute a violation of Licensee's obligation to use its best efforts to exploit this license. The design, merchandising, packaging, sales and display of all of Licensee's non-licensed products shall be separate and distinct from the Licensed Products. Licensee shall maintain a separate area for exhibition of the Licensed Products wherever the Licensed Products are sold.
Use of Other Trademarks. The User shall not use upon or in connection with or in relation to any goods or services, any name, designation, symbol or device so nearly resembling the Trademarks as to be likely to cause deception or confusion.
Use of Other Trademarks. During the Term, neither Licensee, nor any Affiliate of Licensee, or company in which the controlling shareholders of Licensee are partners, or in which Licensee is a partner, may act as a licensee or distributor in the Territory of any products within the definition of Licensed Products, under any name which is set forth on Exhibit H, or which may be reasonably added to Exhibit H by Licensor at the commencement of an Extension Term, if any, unless expressly consented to by Licensor in writing, or as a result of the acquisition by Licensee of substantially all of the assets of or the outstanding securities of or otherwise acquiring control of an entity which, other than as its primary function, acts as a distributor or licensee of products bearing such competitive names. If such consent is given, unless prohibited by other agreements, Licensee shall provide Licensor with samples of any such competitive products it manufactures and distributes that do not bear the Trademarks. (Licensee may act as a manufacturer only of such products, provided that Licensee is not the licensee or distributor thereof). In all cases, the design and style of any such products or any of Licensee's private label products, shall be clearly distinguished from Licensed Products. A breach of this clause shall constitute a violation of Licensee's obligation to use its best efforts to exploit this license. Licensee shall maintain the design, merchandising, packaging, sales and display of all of Licensee's other products separate and distinct from Licensed Products.
Use of Other Trademarks. Section 7.05 of the Franchise Agreement is deleted in its entirety and replaced with the following:
Use of Other Trademarks. 28 9.8 Use of Trademark on Invoices, etc................................28 9.9 Monitoring.......................................................28
Use of Other Trademarks. During the Term of this Agreement, neither Licensee Manufacturer nor any subsidiary or affiliate of Licensee Manufacturer will use on products in the field within the Territory, or in connection with advertising or promotional materials therefor, any mark or name, except the Co-Brand on the Product [1] [2]; provided, however,. Licensee Manufacturer may sell products in the field under its owned [named] marks (with such products in the field as currently formulated with minor adjustments being acceptable, when sold under such marks) [3], and under private label and co-packing arrangements [4]. Licensee Manufacturer will use its best efforts [5] to cause customers currently purchasing products for sale under a brand other than the Co-Brand to convert to the Product and/or to otherwise sell such products in the field to consumers under the Co-Brand, subject to prior approval of Licensor as well as the terms of this Agreement (including without limitation, the quality standards set forth herein). [1] Reminder it is only the Co-Brand, only on the Product. This clause is in effect a restriction on what can be manufactured. [2] This is a field restriction. E.g., only on shoes, not on shirts.or clarification, “Field” could be a defined term. [3] Clarification that the restriction does not extend to pre-existing sales channels and marked products. [4] The Licensee Manufacturer can have made product in the field bearing only its mark or some other mark. This is an important clarification for a xxxxxx, however it doesn’t change a basic attribute of this agreement – the Licensed Manufacturer is dramatically limiting how it may sell its products. [5] If this conversion is important, it may be wise to add some additional detail as to what minimum efforts are. Notwithstanding the foregoing limitations, this Section 2.5 shall not prohibit Licensee Manufacturer nor or any of its subsidiary or affiliate companies from investing in or acquiring an entity which sells product in the field if the product in the field sold by such entity is not under the Licensee Manufacturer Mark and after the investment or acquisition Licensee Manufacturer uses its best efforts to cause customers then purchasing product from such entity to convert to the Product and/or to otherwise sell such product in the field to consumers under the Co-Brand, subject to the terms of this Agreement (including without limitation, the quality standards set forth herein). Depending on the law and the circumstanc...
Use of Other Trademarks. Franchisee shall not display the trademark, service xxxx, trade name, insignia or logotype of any other person or Entity in connection with the operation of the Licensed Restaurant without the express prior written consent of Franchisor, which may be withheld in its discretion; provided however, in the case of a Non-Traditional Venue, the Premises (but not the Restaurant) may display the trademarks, service marks and other commercial symbols of Franchisee or third parties, in accordance with the terms herein contained.
Use of Other Trademarks. 25 13.8 Use of Trademarks on Invoices, etc.................................. 26 13.9 Monitoring.......................................................... 26 ARTICLE 14. INSOLVENCY.................................................... 26 14.1 Effect of Proceeding in Bankruptcy, etc............................. 26 14.2
Use of Other Trademarks. During the Term of this Agreement, neither YoCream nor any subsidiary or affiliate of YoCream will use within the Territory any mark or name except the Xx-Brand on the Product or in connection with advertising or promotional materials for the Product. Further, neither YoCream nor any subsidiary or affiliate of YoCream will use within the Territory any mark or name except the Xx-Brand on soft frozen yogurt; provided, however, YoCream may sell soft frozen yogurt under its owned YOGURT STAND and PRIVATE BRAND marks (with such soft frozen yogurt as currently formulated with minor adjustments being acceptable, when sold under such marks), and under private label and co-packing arrangements. YoCream will use its best efforts to cause customers currently purchasing soft frozen yogurt mix for sale under a brand other than the Co-Brand to convert to the Product and/or to otherwise sell such soft frozen yogurt to consumers under the Co-Brand, subject to the terms of this Agreement (including without limitation, the quality standards set forth herein). Notwithstanding the foregoing limitations, this Section 2.5 shall not prohibit YOCREAM nor or any of its subsidiary or affiliate companies from investing in or acquiring an entity which sells soft frozen yogurt if the soft frozen yogurt sold by such entity is not under the YOCREAM Mark and after the invexxxxnt or acquisition YOCREAM uses its best efforts to cause customers then purchasing soft frozen yogurt mix from such entity to convert to the Product and/or to otherwise sell such frozen yogurt to consumers under the Co-Brand, subject to the terms of this Agreement (including without limitation, the quality standards set forth herein).
