Use of Trademark. 3.1 Distributor recognizes the substantial value of the goodwill associated with the Trademark and acknowledges that the Trademark and all rights therein and the goodwill pertaining thereto belong exclusively to Entranet. Distributor agrees not to commit any act or omission adverse or injurious to said rights. 3.2 Distributor agrees that every use of the Trademark by Distributor shall inure to the benefit of Entranet, and that Distributor shall not at any time acquire any rights in the Trademark by virtue of any use Distributor may make of the Trademark. 3.3 Distributor agrees to cooperate fully and in good faith with Entranet for the purpose of securing, preserving, and protecting Entranet’s rights in and to the Trademarks. 3.4 Distributor acknowledges that Distributor’s failure to cease the use of the Trademark on the termination or expiration of this Agreement will result in immediate and irreparable damage to Entranet and to the rights of any subsequent licensee. Distributor acknowledges and admits that there is no adequate remedy at law for such failure and agrees that, in the event of such failure, Entranet shall be entitled to equitable relief by way of temporary and permanent injunctions and such other and further relief as any court with jurisdiction may deem just and proper. 3.5 Distributor shall report to Entranet, in writing, any infringement or imitation of the Trademarks of which Distributor becomes aware. Entranet shall have the sole right to determine whether to institute litigation upon such infringements as well as the selection of counsel. Entranet may commence or prosecute any claims or suits for infringement of the Trademarks in its own name. If Entranet brings an action against any infringer of the Trademark, Distributor shall cooperate with Entranet and lend whatever assistance is necessary in the prosecution of such litigation. If Entranet decides not to institute such litigation, it may authorize, within its sole discretion, in writing, Distributor to institute such litigation. 3.6 Distributor shall not contest or deny the validity or enforceability of the Trademark or oppose or seek to cancel any registration thereof by Entranet, or aid or abet others in doing so, either during the term of this Agreement or at any time thereafter. 3.7 Distributor acknowledges that any use of the Trademark in violation of the provisions of this Article will cause irreparable damage to Entranet, constitutes an incurable default of this Agreement, and is grounds for immediate termination of this Agreement.
Appears in 4 contracts
Samples: Distribution Agreement (Entranet Inc.), Distribution Agreement (Entranet Inc.), Distribution Agreement (Entranet Inc.)
Use of Trademark. 3.1 Distributor recognizes the substantial value of the goodwill associated with the Trademark and acknowledges that the Trademark and all rights therein and the goodwill pertaining thereto belong exclusively to Entranet. Distributor agrees not to commit any act or omission adverse or injurious to said rights.
3.2 Distributor agrees that every use of the Trademark by Distributor shall inure to the benefit of Entranet, and that Distributor shall not at any time acquire any rights in the Trademark by virtue of any use Distributor may make of the Trademark.
3.3 Distributor agrees to cooperate fully and in good faith with Entranet for the purpose of securing, preserving, and protecting Entranet’s rights in and to the Trademarks.
3.4 Distributor acknowledges that Distributor’s failure to cease the use of the Trademark on the termination or expiration of this Agreement will result in immediate and irreparable damage to Entranet and to the rights of any subsequent licensee. Distributor acknowledges and admits that there is no adequate remedy at law for such failure and agrees that, in the event of such failure, Entranet shall be entitled to equitable relief by way of temporary and permanent injunctions and such other and further relief as any court with jurisdiction may deem just and proper.
3.5 Distributor shall report to Entranet, in writing, any infringement or imitation of the Trademarks of which Distributor becomes aware. Entranet shall have the sole right to determine whether to institute litigation upon such infringements as well as the selection of counsel. Entranet may commence or prosecute any claims or suits for infringement of the Trademarks in its own name. If Entranet brings an action against any infringer of the Trademark, Distributor shall cooperate with Entranet and lend whatever assistance is necessary in the prosecution of such litigation. If Entranet decides not to T: +0 000-000-0000 F:+0 000-000-0000 (int 100) institute such litigation, it may authorize, within its sole discretion, in writing, Distributor to institute such litigation.
3.6 Distributor shall not contest or deny the validity or enforceability of the Trademark or oppose or seek to cancel any registration thereof by Entranet, or aid or abet others in doing so, either during the term of this Agreement or at any time thereafter.
3.7 Distributor acknowledges that any use of the Trademark in violation of the provisions of this Article will cause irreparable damage to Entranet, constitutes an incurable default of this Agreement, and is grounds for immediate termination of this Agreement.
Appears in 2 contracts
Samples: Distribution Agreement (Entranet Inc.), Distribution Agreement (Entranet Inc.)
Use of Trademark. 3.1 Distributor recognizes the substantial value of the goodwill associated with the Trademark and acknowledges that the Trademark and all rights therein and the goodwill pertaining thereto belong exclusively to EntranetTrademark Owner. Distributor agrees not to commit any act or omission adverse or injurious to said rights.
3.2 Distributor agrees that every use of the Trademark by Distributor shall inure to the benefit of EntranetTrademark Owner, and that Distributor shall not at any time acquire any rights in the Trademark by virtue of any use Distributor may make of the Trademark.
3.3 Distributor agrees to cooperate fully and in good faith with Entranet Trademark Owner for the purpose of securing, preserving, and protecting EntranetTrademark Owner’s rights in and to the Trademarks, including executing a trademark license with Trademark Owner and/or with the Manufacturer which license may be registered with the Patent and Trademark Office (or its equivalent) in [COUNTRY].
3.4 Distributor acknowledges that Distributor’s failure to cease the use of the Trademark on the termination or expiration of this Agreement will result in immediate and irreparable damage to Entranet Trademark Owner and to the rights of any subsequent licensee. Distributor acknowledges and admits that there is no adequate remedy at law for such failure and agrees that, in the event of such failure, Entranet Trademark Owner shall be entitled to equitable relief by way of temporary and permanent injunctions and such other and further relief as any court with jurisdiction may deem just and proper.
3.5 Distributor shall report to EntranetTrademark Owner and Manufacturer, in writing, any infringement or imitation of the Trademarks of which Distributor becomes aware. Entranet Trademark Owner shall have the sole right to determine whether to institute litigation upon such infringements as well as the selection of counsel. Entranet Trademark Owner may commence or prosecute any claims or suits for infringement of the Trademarks in its own namename or in the name of Manufacturer or the Distributor or may join Distributor and/or Manufacturer as a party thereto. If Entranet Trademark Owner brings an action against any infringer of the Trademark, Distributor and Manufacturer shall cooperate with Entranet Trademark Owner and lend whatever assistance is necessary in the prosecution of such litigation. If Entranet Trademark Owner decides not to institute such litigation, it may authorize, within its sole discretion, in writing, Distributor or Manufacturer to institute such litigation.
3.6 Distributor shall not contest or deny the validity or enforceability of the Trademark or oppose or seek to cancel any registration thereof by EntranetTrademark Owner, or aid or abet others in doing so, either during the term of this Agreement or at any time thereafter.
3.7 Distributor acknowledges that any use of the Trademark in violation of the provisions of this Article will cause irreparable damage to EntranetTrademark Owner and its licensees, constitutes an incurable default of this Agreement, and is grounds for immediate termination of this Agreement.
Appears in 1 contract
Samples: Distributorship Agreement