Trademark Enforcement Action definition

Trademark Enforcement Action has the meaning set forth in Section 8.6.
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Trademark Enforcement Action means any administrative proceeding or other contentious action challenging or defending a Trademark.
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Trademark Enforcement Action has the meaning given in Section 16.4(c). 1.79 “Transaction Documents” means this Agreement, the Transitional Services Agreement, the Supply Agreement, the PV Agreement and the Quality Technical Agreement. 1.80 “Transitional Services Agreement” means the transitional services agreement to be entered into between Aegerion and Recordati (or its Affiliate) in relation to the Product in the Territory. 1.81 “University of Pennsylvania” or “UPenn” means the Trustees of the University of Pennsylvania. 1.82 “University of Pennsylvania Agreement” means the patent license agreement between the University of Pennsylvania and Aegerion Pharmaceuticals Inc., dated May 19, 2006, in the form attached hereto in Schedule IX, as may be amended from time-to-time only in accordance with Section 11.1(a). 1.83 “Valid Claim” means, with respect to the Product in the Territory, any claim of a Licensed Patent that: (a) has not been held permanently revoked, unenforceable or invalid by a decision of a court or other governmental agency of competent jurisdiction, which decision is un- appealable or un-appealed within the time allowed for appeal; and (b) has not expired, lapsed, or 9 ACTIVE/99458941.1
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Examples of Trademark Enforcement Action in a sentence

  • If Lilly institutes a Trademark Enforcement Action, Anthera shall have the right, at its own expense, to be represented in any such action by counsel of its own choice.

  • Lilly shall provide reasonable assistance and cooperation to Anthera at Anthera’s expense and may, at their sole discretion and expense and by counsel of their choice, join in such Trademark Enforcement Action.

  • The Party initiating or defending any such Trademark Enforcement Action shall keep the other Party reasonably informed of the progress of any such Trademark Enforcement Action, and such other Party shall have the right to participate with counsel of its own choice.

  • In such event, Anthera shall provide reasonable assistance and cooperation to Lilly in connection with such Trademark Enforcement Action at Lilly’s expense.

  • Any recovery received as a result of any Trademark Enforcement Action shall be used first to reimburse the Parties for the costs and expenses (including attorneys’ and professional fees) incurred in connection with such Trademark Enforcement Action, and the remainder of the recovery shall be shared equally between the Parties.

  • In each case, the other Party shall cooperate (which cooperation shall include being named a party plaintiff, if necessary) with such Party pursuing a Trademark Enforcement Action at such Party’s expense.

  • In the event that Aegerion fails to initiate a Trademark Enforcement Action to prevent infringement of such Product Trademark by a Third Party in the Territory, within [***] days of a request by Recordati to initiate such Trademark Enforcement Action, Recordati may initiate a Trademark Enforcement Action against such Third Party at its own expense.

  • In the event that Prestwick fails to initiate a Trademark Enforcement Action to prevent infringement of such Product Trade Xxxx or Product Trade Dress by a Third Party in the Territory, as applicable, within forty five (45) days of a request by Distributor to initiate such Trademark Enforcement Action, Distributor may initiate a Trademark Enforcement Action against such Third Party at Distributor’s sole expense.

  • Any recovery received as a result of any Trademark Enforcement Action under this Section 8.4.2 shall be used first to reimburse the Parties for the costs and expenses (including attorneys’ and professional fees) incurred in connection with such Trademark Enforcement Action, and the remainder of the recovery shall be shared {***}† to Distributor and {***}† to Prestwick.

  • In each case, the other Party shall cooperate with such Party pursuing a Trademark Enforcement Action at such Party’s expense.

Related to Trademark Enforcement Action

  • Enforcement Action means any action to enforce any Obligations or Loan Documents or to exercise any rights or remedies relating to any Collateral (whether by judicial action, self-help, notification of Account Debtors, exercise of setoff or recoupment, exercise of any right to vote or act in a Loan Party’s Insolvency Proceeding, or otherwise), in each case solely to the extent permitted by the Loan Documents.

  • law enforcement means the prevention, detection or investigation of terrorist offences or other serious criminal offences;

  • Law enforcement unit means an individual office, department, division, or other component of an education agency or institution that is officially authorized or designated by that agency or institution to (1) enforce laws or refer matters of law enforcement to appropriate authorities, or (2) maintain the physical security and safety of the agency or institution.

  • Patent and Trademark Security Agreement means the Patent and Trademark Security Agreement by the Borrower in favor of the Lender of even date herewith.

  • Support enforcement agency means a public official or agency authorized to seek:

  • Drug enforcement administration means the drug enforcement

  • Law enforcement agency means the same as that term is defined in Section 53-1-102.

  • Trademark Security Agreement means each Trademark Security Agreement executed and delivered by Grantors, or any of them, and Agent, in substantially the form of Exhibit D.

  • Trademark Rights means all common law and other rights (but in no event any of the obligations) in and to the Trademarks in the United States and any state thereof and in foreign countries.

  • Trademark Security Agreements means the Trademark Security Agreements made in favor of Agent, on behalf of itself and Lenders, by each applicable Credit Party.

  • Local law enforcement agency means the police of a city, town, village or other incorporated area or the sheriff of an unincorporated area or any sworn officer of the Illinois Department of State Police.

  • Trademark Collateral means all Trademarks, whether now owned or hereafter acquired by the Company, that are associated with the Business. Notwithstanding the foregoing, the Trademark Collateral does not and shall not include any Trademark which would be rendered invalid, abandoned, void or unenforceable by reason of its being included as part of the Trademark Collateral.

  • Patent Collateral means all Patents, whether now owned or hereafter acquired by the Company that are associated with the Business.

  • Infringement Action has the meaning set forth in Section 9.6(b).

  • Intellectual Property Collateral means, collectively, the Patents, Trademarks, Copyrights, Intellectual Property Licenses and Goodwill.

  • Civil Enforcement Officer means a person authorised by or on behalf of Lancashire County Council in accordance with Section 76 of the Traffic Management Act 2004;

  • Compliance Enforcement Authority means NERC or the Regional Entity, or any entity as otherwise designated by an Applicable Governmental Authority, in their respective roles of monitoring and/or enforcing compliance with mandatory and enforceable Reliability Standards in their respective jurisdictions.

  • Product Patents means any and all United States patents and patent applications, all divisionals, continuations, continuations-in-part, re-issues, extensions or foreign counterparts thereof, now or hereafter owned or controlled ("controlled" being used in the sense of having the right to grant licenses thereunder) by PERIMMUNE, covering the manufacture, use, sale, offer for sale and/or importation of the Product, including but not limited to, the U.S. Patent No. 5,407,912 attached hereto as Exhibit B.

  • Intellectual Property Claim means the assertion by any Person of a claim (whether asserted in writing, by action, suit or proceeding or otherwise) that any Borrower’s ownership, use, marketing, sale or distribution of any Inventory, Equipment, Intellectual Property or other property or asset is violative of any ownership of or right to use any Intellectual Property of such Person.

  • Law enforcement support staff member means a person who serves

  • Code enforcement officer means the Code Enforcement Officer appointed pursuant to subdivision (b) of section 3 of this local law.

  • Legitimate law enforcement purpose means a goal within the lawful authority of an officer that is to be achieved through methods or conduct condoned by the officer’s appointing authority.

  • Licensed IP Rights means, collectively, the Licensed Patent Rights and the Licensed Know-How Rights.

  • Patent Applications means all published and unpublished nonprovisional and provisional patent applications, reexamination proceedings, invention disclosures and records of invention, applications for certificates of invention and priority rights, in any country and regardless of formal name, including without limitation, substitutions, continuations, continuations-in-part, divisions, renewals, revivals, reissues, re-examinations and extensions thereof.

  • Collaboration Patents means any and all Patents that claim or cover any of the Collaboration Know-How.

  • Patent Security Agreements means the Patent Security Agreements made in favor of Agent, on behalf of itself and Lenders, by each applicable Credit Party.