Examples of ITT Industries Business in a sentence
Neither ITT Hartford, nor any of the ITT Hartford Sublicensees shall use the ITT Name or ITT Marks for any product or service, or with or for any entity, in the ITT Destinations Business or the ITT Industries Business.
The principal basis for withholding such approval would be if the proposed company and/or trade name used in conjunction with the ITT Name would (i) be objectionable from a legal standpoint, or (ii) likely to create confusion, for example, if the proposed name is descriptive of a field of business of the ITT Destinations Business or the ITT Industries Business or too close to a name used by a business of ITT Industries or ITT Destinations.
During such five (5) year period, Licensor and its Subsidiaries shall have the right to revive its use and 7 8 license the use of the ITT Name and/or the ITT Marks on a paid-up, royalty-free, exclusive, worldwide basis (exclusive of the ITT Industries Design Mark) xx an exclusive basis for the ITT Destinations Business, and a nonexclusive basis for any businesses not included in the ITT Industries Business or the ITT Hartford Business.
The determination of whether or not legal action shall be taken in any case shall lie exclusively with and at the sole discretion of Licensor except that if such adverse use is in the same field of activity as the ITT Industries Business, ITT Enterprises may, by such notice, require that Licensor institute and reasonably pursue legal action.
For purposes of this Section 2.06, expansion of license rights shall mean a right to use the ITT Name and/or the ITT Marks: (i) within the scope of the ITT Industries Business and/or ITT Industries Expanded Business by an ITT Enterprises Sublicensee after it ceases to be a Subsidiary of ITT Industries; or (ii) outside or within the scope of the ITT Industries Business or ITT Industries Expanded Business by ITT Enterprises or the ITT Enterprises Sublicensees if a Change of Control of ITT Industries occurs.
However, in no event shall such license be interpreted to extent to include any of the fields of the 1995 ITT Industries Business or the 1995 ITT Hartford Business.
In the event ITT Enterprises and/or ITT Enterprises Sublicensees shall abandon their use of the ITT Name or one or more of the ITT Marks for all or a portion of the ITT Industries Business, then the scope of the exclusive rights granted in Sections 2.01, 2.02 and 2.05 with respect to such abandoned ITT Name or ITT Marks shall be reduced by an amount equal to the scope of the ITT Industries Business so abandoned.
If granted, the new field of activity shall be deemed to be within ITT Destinations Business or ITT Industries Business, as appropriate, and further subject to Sections 2.11 and 3.09 of this License Agreement.
In the event that Licensor is not so required, but decides to institute legal action and such confusingly similar or otherwise damaging use is primarily or exclusively within the field of activity of the ITT Industries Business, the costs of any such legal action shall be shared equally by ITT Enterprises and by Licensor.
Nothing in this Article III shall be construed to restrict the right of ITT World Directories to use or license (subject to Section 3.02) any retained Intellectual Property in any field of business, except in the fields of the 1995 ITT Hartford Business, the 1995 ITT Industries Business, and the 1995 ITT Destinations Business (exclusive of the Retained Business).