Company Marks. The HOF Entities accept and acknowledge that the Intellectual Property licensed to or owned directly or indirectly by the Company, including the Company Marks, are Intellectual Property and important assets of the Company. The HOF Entities will not use any trademark (other than the Co-Branded Village Marks) that is confusingly similar to the Company Marks (or any of them). As between the Company and the HOF Entities, the Company shall at all times be the sole and exclusive owner of all rights in and to the Company Marks, subject to the rights of the HOF Entities with respect to the use thereof as set forth in this Agreement. Any use by the HOF Entities of any Company ▇▇▇▇ beyond the use expressly authorized in this Agreement requires the additional express written consent of the Company. Throughout the Term and thereafter: (i) all right, title and interest in and to the Company Marks and any derivatives thereof, including the goodwill associated therewith, shall remain vested in the Company, subject to the rights of the HOF Entities with respect to the use thereof as set forth in this Agreement, and (ii) all use of the Company Marks shall inure to the benefit of the Company. At the Company’s expense, the HOF Entities shall take such action as the Company may reasonably request to effect, perfect or confirm the Company’s ownership of, and any other rights in, the Company Marks.
Appears in 2 contracts
Sources: Sponsorship and Naming Rights Agreement (Hall of Fame Resort & Entertainment Co), Sponsorship and Naming Rights Agreement (Hall of Fame Resort & Entertainment Co)