Examples of PalmOne Brand in a sentence
PalmOne shall have the right of “Limited Participation” in an Enforcement or an Action requested by PalmSource that (i) relates to a PalmOne Brand or Transition Xxxx or (ii) can reasonably be expected to primarily relate to a Palm Xxxx but not primarily relate to a PalmOne Brand or Transition Xxxx and with respect to which PalmSource has not exercised its right of PalmSource Exclusive Control.
Forty-five percent (45%) of any recovery from any such Enforcement (including proceeds from the sale of a Palm Xxxx or PalmOne Brand in direct connection with the Enforcement) shall be PalmOne’s (PalmOne’s “45% Recovery”).
PalmOne shall be solely responsible for any and all costs and expenses incurred relating to an Action or Enforcement with respect to which PalmOne has exercised its right of Exclusive Control, and shall be entitled to all recoveries (including proceeds from the sale of a PalmOne Brand in direct connection with the such Action or Enforcement), provided PalmOne has paid all costs and fees as required under this Subsection.
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.
If an Action or Enforcement requested by PalmOne or PalmSource can reasonably be expected to relate primarily to a PalmOne Brand but not primarily relate to a Palm Xxxx or Transition Xxxx, PalmOne shall have the right to “Exclusive Control.” If PalmOne elects “PalmOne Exclusive Control,” PalmOne shall have the sole right to select counsel and to instruct the Brand Manager, and to settle the Action or Enforcement without consultation with PalmSource.
If an Action or Enforcement requested by PalmOne or PalmSource that can reasonably be expected to primarily relate to a Palm Xxxx or Transition Xxxx but not primarily relate to a PalmOne Brand, PalmSource shall have the right to “Exclusive Control.” If PalmSource elects “PalmSource Exclusive Control,” PalmSource shall have the sole right to select counsel, to instruct the Brand Manager and to settle such Action or Enforcement without consultation with PalmOne.
In the event Licensee learns of any actual, potential or threatened infringement, unfair competition, passing-off, dilution, or any other violation of a Palm Xxxx, Transition Xxxx or a PalmOne Brand, Licensee shall promptly notify the Brand Manager.
Except as otherwise permitted by this Agreement, or pursuant to a sublicense permissibly granted by a licensee of Holding, Licensee shall not register or use anywhere in the world, in any media now known or hereinafter invented, any PalmOne Brand, Palm Xxxx or Transition Xxxx or any xxxx or name that is likely to be confused with or dilute any PalmOne Brand or Palm Xxxx.
If such breaching Person fails to cure any such breach within thirty (30) days after receiving notice, then Licensee shall terminate the rights granted to such Person with respect to the relevant Transition Marks or PalmOne Brand unless otherwise agreed by the Brand Manager in writing.
All products and services on or in connection with which the PalmOne Brand and the Transition Marks are used shall be consistent with the Quality Standards.