Palm Marks definition

Palm Marks means: (1) trademarks, service marks and domain names that were previously transferred to PalmSource under Assignment 2002; (2) trademarks, service marks and domain names transferred to Holding under Assignment PS 2003; (3) trademarks, service marks and domain names transferred to Holding under Assignment PO 2003; and (4) all other words, names, symbols and devices, and all combinations thereof, and all domain names, at any time owned, registered, claimed, or used by Holding, PalmOne, PalmSource, or any of their respective licensees or sublicensees, any of which contain the word or letter string “palm,” as well as all formatives, translations, transliterations, homonyms, symbolic representations and derivatives thereof, including all designs, logos and trade dress associated therewith, and all registrations and applications therefore and all common law rights therein, including all marks listed on the attached Schedule 1 as updated from time to time pursuant to this Agreement. Notwithstanding the foregoing, the Palm Marks do not include the PalmOne Brand.

Split View

AI-Powered Contracts

Draft, Review & Redline at the Speed of AI

Get StartedBook a Demo

Palm Marks means: (1) trademarks, service marks and domain names that were previously transferred to PalmSource under Assignment 2002; (2) trademarks, service marks and domain names transferred to Company under Assignment PS 2003; (3) trademarks, service marks and domain names transferred to Company under Assignment PO 2003; and (4) all other words, names, symbols and devices, and all combinations thereof, and all domain names, at any time owned, registered, claimed, or used by Company, palmOne, PalmSource, or any of their respective licensees or sublicensees, any of which contain the word or letter string “palm,” as well as all formatives, translations, transliterations, homonyms, symbolic representations and derivatives thereof, including all designs, logos and trade dress associated therewith, and all registrations and applications therefore and all common law rights therein, including all marks listed on the attached Schedule 1 to the License Agreement.

Palm Marks has the meaning set forth in the License Agreement.

Examples of Palm Marks in a sentence

• Licensee, at Holding’s request, agrees to be joined as a party (and hereby irrevocably waives objection to any such joinder) or appear as a witness in any Action taken by Holding to enforce its rights in the Palm Marks, the Transition Marks or the PalmOne Brand.

• There are no oral or written settlement agreements entered into by Seller or, to the Knowledge of Seller, by the Company, which settle any claim that alleges infringement by, or non-enforceability of, or directly relates to, the Palm Marks.

• Except for the License Agreement, the Amended License Agreement and the PalmOne License, to the Knowledge of Purchaser, the Company has not granted any licenses in the Palm Marks or the PalmOne Brand.

• None of the parties to this Agreement shall use or authorize any Third Party or sublicensee to use any of the Palm Marks (including without limitation the Licensed Marks) in any manner that, or in connection with any activity that, disparages any party or any of its products or services, or the Palm Marks.

• Seller and the Company are currently party to the License Agreement, and the Parties desire to amend and restate the License Agreement concurrently with the Closing, such that, except as provided in the Amended License Agreement, all of Seller’s right, title and interest in and to the Palm Marks and the PalmOne Brand will inure to the Company.

• PalmSource further acknowledges that, as between PalmSource and Company, Company, subject to the licenses granted under this Agreement, will remain the sole and exclusive owner of all right, title and interest in the Licensed Marks, the Palm Marks and the palmOne Brand.

• Except for express payment obligations under this Agreement (including payments relating to Actions, Claims and Enforcements arising from use of the Palm Marks, Transition Marks or the PalmOne Brand that is not in accordance with the terms of this Agreement), in no event shall either party’s total cumulative liability arising out of or relating to this Agreement exceed ten million dollars ($10,000,000).

• The Parties agree that certain actions and decisions of the Company relating to the Palm Marks shall require the approval of PalmSource (or its permitted successor under the PalmSource License as set forth in the PalmSource License.

• To the Knowledge of Seller, neither Seller nor the Company is in violation of, or default under, any judgment, order, injunction, writ or decree of any Governmental Entity or arbitration tribunal applicable to Seller or the Company that directly relates to or directly imposes any restriction on the use of the Palm Marks, nor to the Knowledge of Seller has Seller or the Company received any written notice of any material violation of, or default under, any such judgment, order, injunction, writ or decree.

• Licensee recognizes the need to protect and guard the goodwill of the PalmOne Brand, Palm Marks and the Transition Marks.

More Definitions of Palm Marks

Palm Marks means (a) trademarks, service marks and domain names that were previously transferred to Licensor under that certain assignment from PI to Licensor dated September 3, 2002; (b) trademarks, service marks and domain names to be transferred to Holding under that certain assignment from Licensor to Holding, effective as of the License Effective Date; (c) trademarks, service marks and domain names to be transferred to Holding under that certain assignment from PI to Holding, effective as of the License Effective Date; and (d) all other words, names, symbols and devices, and all combinations thereof, and all domain names, at any time owned, registered, claimed or used by Holding, PI, Licensor, or any of their respective licensees or sublicensees, any of which contain the word or letter string “palm,” as well as all formatives, translations, transliterations, homonyms, symbolic representations and derivatives thereof, including all designs, logos and trade dress associated therewith, and all registrations and applications therefor and all common law rights therein.

Palm Marks has the meaning assigned to such term in the Licenses.