Common use of Clear Identification of Source Clause in Contracts

Clear Identification of Source. Cognizant and ACNielsen agree that, subsequent to the Distribution Date, neither Cognizant nor ACNielsen shall possess or acquire any right to use the "NIELSEN" name or "split-N" symbol standing alone or by itself in any manner for any purpose, including use of the name as an Internet domain name or the equivalent or as the name or logo for a business, corporation, or other legal entity, except as may otherwise be agreed by and between Cognizant and ACNielsen; provided, however, that both 8 8 Cognizant and ACNielsen may continue to use the "NIELSEN" name or "split-N" symbol in any usage for which each, respectively, is currently using the name or symbol, including usage of the name as part of electronic mail or messaging addresses for its employees using existing systems, during a transitional period of six months subsequent to the Distribution Date (a "Transitional Use"). Subsequent to the Distribution Date, except for a Transitional Use, any use that Cognizant or ACNielsen may make of the "NIELSEN" name or "split-N" symbol for any business purpose, including any use in trade, advertising, publicity, packaging, or labeling, and including any use of any trademark or service mark xxxntified in Schedule H or in Schedules E and F that incorporates, refers to, or is derived from the "NIELSEN" name or "split-N" symbol, shall only be made in conjunction with other words, names, symbols or logos prominently displayed in as near proximity thereto as is reasonably feasible and, at minimum, on the same page, panel, sheet or screen therewith, clearly identifying the source of the communication, good or service: (a) with regard to Cognizant, as "NIELSEN TV," "NIELXXX XXXIA," "NIELXXX XXXIA RESEARCH," or another entity using a name not incorporating, referring to, or derived from the "NIELSEN" name; and (b) with regard to ACNielsen, as "ACNIELSEN" or another entity using a name not incorporating, referring to, or derived from the "NIELSEN" name. In addition, in the event that ACNielsen enters into any television audience measurement business in the United States or Canada subsequent to the Distribution Date, its use of any name incorporating, referring to, or derived from the "NIELSEN" name in connection with such business shall be subject to the provisions of Schedule J.

Appears in 2 contracts

Samples: Intellectual Property Agreement (Acnielsen Corp), Intellectual Property Agreement (Dun & Bradstreet Corp)

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Clear Identification of Source. Cognizant and ACNielsen agree that, subsequent to the Distribution Date, neither Cognizant nor ACNielsen shall possess or acquire any right to use the "NIELSEN" name or "split-N" symbol standing alone or by itself in any manner for any purpose, including use of the name as an Internet domain name or the equivalent or as the name or logo for a business, corporation, or other legal entity, except as may otherwise be agreed by and between Cognizant and ACNielsen; provided, however, that both 8 8 Cognizant and ACNielsen may continue to use the "NIELSEN" name or "split-N" symbol in any usage for which each, respectively, is currently using the name or symbol, including usage of the name as part of electronic mail or messaging addresses for its employees using existing systems, during a transitional period of six months subsequent to the Distribution Date or under the circumstances specified in Section 2.14(b)(iii) of the Distribution Agreement (a "Transitional Use"). Subsequent to the Distribution Date, except for a Transitional Use, any use that Cognizant or ACNielsen may make of the "NIELSEN" name or "split-N" symbol for any business purpose, including any use in trade, advertising, publicity, packaging, or labeling, and including any use of any trademark or service mark xxxntified in Schedule H or in Schedules E and F that incorporates, refers to, or is derived from the "NIELSEN" name or "split-N" symbol, shall only be made in conjunction with other words, names, symbols or logos prominently displayed in as near proximity thereto as is reasonably feasible and, at minimum, on the same page, panel, sheet or screen therewith, clearly identifying the source of the communication, good or service: (a) with regard to Cognizant, as "NIELSEN TV," "NIELXXX XXXIA," "NIELXXX XXXIA RESEARCH," or another entity using a name not incorporating, referring to, or derived from the "NIELSEN" name; and (b) with regard to ACNielsen, as "ACNIELSEN," or "A.C. XXXXXXX," xr another entity using a name not incorporating, referring to, or derived from the "NIELSEN" 8 8 name. In addition, in the event that ACNielsen enters into any television audience measurement business in the United States or Canada subsequent to the Distribution Date, its use of any name incorporating, referring to, or derived from the "NIELSEN" name in connection with such business shall be subject to the provisions of Schedule J.

Appears in 1 contract

Samples: Intellectual Property Agreement (Acnielsen Corp)

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Clear Identification of Source. Cognizant and ACNielsen agree that, subsequent to the Distribution Date, neither Cognizant nor ACNielsen shall possess or acquire any right to use the "NIELSEN" name or "split-N" symbol standing alone or by itself in any manner for any purpose, including use of the name as an Internet domain name or the equivalent or as the name or logo for a business, corporation, or other legal entity, except as may otherwise be agreed by and between Cognizant and ACNielsen; provided, however, that both 8 8 Cognizant and ACNielsen may continue to use the "NIELSEN" name or "split-N" symbol in any usage for which each, respectively, is currently using the name or symbol, including usage of the name as part of electronic mail or messaging addresses for its employees using existing systems, during a transitional period of six months subsequent to the Distribution Date or under the circumstances specified in Section 2.14(b)(iii) of the Distribution Agreement (a "Transitional Use"). Subsequent to the Distribution Date, except for a Transitional Use, any use that Cognizant or ACNielsen may make of the "NIELSEN" name or "split-split- N" symbol for any business purpose, including any use in trade, advertising, publicity, packaging, or labeling, and including any use of any trademark or service mark xxxntified xxxx identified in Schedule H or in Schedules E and F that incorporates, refers to, or is derived from the "NIELSEN" name or "split-N" symbol, shall only be made in conjunction with other words, names, symbols or logos prominently displayed in as near proximity thereto as is reasonably feasible and, at minimum, on the same page, panel, sheet or screen therewith, clearly identifying the source of the communication, good or service: (a) with regard to Cognizant, as "NIELSEN TV," "NIELXXX XXXIAXXXXXXX MEDIA," "NIELXXX XXXIA XXXXXXX MEDIA RESEARCH," or another entity using a name not incorporating, referring to, or derived from the "NIELSEN" name; and (b) with regard to ACNielsen, as "ACNIELSEN," "X.X. XXXXXXX," or another entity using a name not incorporating, referring to, or derived from the "NIELSEN" name. In addition, in the event that ACNielsen enters into any television audience measurement business in the United States or Canada subsequent to the Distribution Date, its use of any name incorporating, referring to, or derived from the "NIELSEN" name in connection with such business shall be subject to the provisions of Schedule J.

Appears in 1 contract

Samples: Intellectual Property Agreement (Cognizant Corp)

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