Avoidance of Confusion. Neither Titan nor Braeburn, nor any of their Affiliates nor licenses nor sublicensees, respectively, shall market, promote, sell and/or distribute in the Territory, or authorize or permit another to market, promote, sell and/or distribute in the Territory, any product other than a Product under the Product Trademarks or any confusingly similar trademark. Titan shall not contest the validity of or Braeburn’s rights in the Product Trademarks in the Territory or assist any Third Party in doing so. In the event that actual confusion should arise, or either Party reasonably believes that a likelihood of confusion may arise, in connection with the Parties’ respective uses of the Product Trademarks in the Territory, the Parties will fully cooperate in an effort to eliminate such confusion and to avoid the possibility of such a likelihood of confusion.
Avoidance of Confusion. Ipsen shall not market, promote, sell and/or distribute anywhere in the Territory, or authorize or permit another to market, promote, sell and/or distribute anywhere in the Territory, any product other than Product under the Trademark or any confusingly similar trademark. Ipsen shall not, directly or indirectly, contest the validity of or Auxilium’s rights in the Trademark anywhere in the Territory or assist any Third Party in doing so. In the event that actual confusion should arise, or either Party reasonably believes that a likelihood of confusion may arise, in connection with the Parties’ respective uses of the Trademark, the Parties will fully cooperate in an effort to eliminate such confusion and to avoid the possibility of such a likelihood of confusion.
Avoidance of Confusion. In the event that actual confusion should arise, or either Party reasonably believes that a likelihood of confusion may arise, in connection with AVENTIS' use of the PRODUCT TRADEMARK in the ROW, the Parties will fully cooperate in an effort to eliminate such confusion and to avoid the possibility of such a likelihood of confusion.
Avoidance of Confusion. Neither GENTA or AVENTIS, nor any of their AFFILIATES, shall market, promote, sell and/or distribute in the United States, or authorize or permit another to market, promote, sell and/or distribute in the United States, any product other than PRODUCT under the PRODUCT TRADEMARK or any confusingly similar trademark. AVENTIS and its AFFILIATES shall not, directly or indirectly, contest the validity of or GENTA's rights in the PRODUCT TRADEMARK in the United States, or the GENTA HOUSEMARK(S) anywhere in the TERRITORY, or assist any THIRD PARTY in doing so. GENTA and its AFFILIATES shall not, directly or indirectly, contest the validity of or AVENTIS' rights in the AVENTIS HOUSEMARK(S) anywhere in the TERRITORY, or assist any THIRD PARTY in doing so. In the event that actual confusion should arise, or either Party reasonably believes that a likelihood of confusion may arise, in connection with the Parties' respective uses of the PRODUCT TRADEMARK in the United States, or of the AVENTIS HOUSEMARK(S) or GENTA HOUSEMARK(S) anywhere in the TERRITORY, the Parties will fully cooperate in an effort to eliminate such confusion and to avoid the possibility of such a likelihood of confusion.
Avoidance of Confusion. Neither Indevus nor Esprit, nor any of their Affiliates, shall market, promote, sell and/or distribute in the Territory, or authorize or permit another to market, promote, sell and/or distribute in the Territory, any product other than a Product in the Field under the Trademarks or any confusingly similar trademark. Indevus and its Affiliates shall not, directly or indirectly, contest the validity of or Esprit’s rights in the Trademarks in the Territory or assist any Third Party in doing so. In the event that actual confusion should arise, or either Party reasonably believes that a likelihood of confusion may arise, in connection with the Parties’ respective uses of the Trademarks in the Territory, the Parties will fully cooperate in an effort to eliminate such confusion and to avoid the possibility of such a likelihood of confusion.
Avoidance of Confusion. The Parties shall each use good faith efforts to avoid confusion as to the source of their respective services offered under the Xxxx by complying strictly with the terms of this Article V. In the event a Party becomes aware of the existence of actual confusion or a likelihood of confusion in connection with either Party’s use of the Xxxx, (i) such Party shall promptly, but in any event within two (2) business days, provide written notice to the Designated Representative of the other Party of the circumstances of such confusion, and (ii) both Parties shall thereafter use reasonable commercial efforts to work together to dispel such actual confusion or avoid such likelihood of confusion.
Avoidance of Confusion. Licensee and its Affiliates or Sublicensee shall not market, promote, sell and/or distribute anywhere in the Territory any product other than Licensed Product under the Licensed Trademark or any confusingly similar trademark, and Licensor and its Affiliates or sublicensee shall not market, promote, sell and/or distribute anywhere in the Licensor Territory any product other than Licensed Product under the Licensed Trademark or any confusingly similar trademark. Licensee and its Affiliates shall not, directly or indirectly, contest the validity of or Licensor’s rights in the Licensed Trademark anywhere in the Territory or assist any third party in doing so. In the event that actual confusion should arise, or either Party reasonably believes that a likelihood of confusion may arise, in connection with the Parties’ respective uses of the Licensed Trademark, the Parties will fully cooperate in an effort to eliminate such confusion and to avoid the possibility of such a likelihood of confusion.
Avoidance of Confusion. (a) The Parties hereby acknowledge and agree that, as between the Parties, upon the Closing, Molteni is the sole and exclusive owner of all right, title, and interest in the Product Trademarks and has the sole and exclusive right to use, register, apply to register, license and authorize others to use the Product Trademarks in the Territory, including with other words and/or designs, or on or in connection with goods and/or services in the Territory. Titan shall not use, apply for, register, license, or authorize others, including without limitation any of its Affiliates, to use the Product Trademarks or any confusingly similar mxxx on similar goods and/or services in the Territory, including with other words and/or designs, or on or in connection with advertising, marketing, promoting, distributing, importing, or selling similar goods and/or services in the Territory. Notwithstanding anything to the contrary, and the Parties agree that the Titan may use any foreign equivalents, translations or counterparts of the Trademark in the Titan Territory.
Avoidance of Confusion. Neither Indevus nor Odyssey, nor any of their Affiliates, shall market, promote, sell and/or distribute in the Territory, or authorize or permit another to market, promote, sell and/or distribute in the Territory, any product other than Product under the Trademarks or any confusingly similar trademark. Indevus and its Affiliates shall not, directly or indirectly, contest the validity of or Odyssey’s rights in the Trademarks in the Territory or assist any Third Party in doing so. In the event that actual confusion should arise, or either Party reasonably believes that a likelihood of confusion may arise, in connection with the Parties’ respective uses of the Trademarks in the Territory, the Parties will fully cooperate in an effort to eliminate such confusion and to avoid the possibility of such a likelihood of confusion.
Avoidance of Confusion. Licensee and its Affiliates or Sublicensee shall not market, promote, sell and/or distribute anywhere in the Territory any product other than Licensed Product under the Licensed Trademark or any confusingly similar trademark, and SCRAS and its Affiliates or sublicensee shall not market, promote, sell and/or distribute anywhere in the Licensors Territory any product other than Licensed Product under the Licensed Trademark or any confusingly similar trademark. Licensee and its Affiliates shall not, directly or indirectly, contest the validity of or SCRAS’s rights in the Licensed Trademark anywhere in the Territory or assist any third party in doing so. In the event that actual confusion should arise, or either Party reasonably believes that a likelihood of confusion may arise, in connection with SCRAS’ and Licensee’s respective uses of the Licensed Trademark, SCRAS and Licensee will fully cooperate in an effort to eliminate such confusion and to avoid the possibility of such a likelihood of confusion. [*]= CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, IS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
