Infringement and Enforcement. 3.1 I-Flow may, but has no obligation to, take any and all actions to enforce the Licensed Intellectual Property (including without limitation instituting litigation) against any suspected infringement or misappropriation by any Third Party (“Litigation”). I-Flow shall bear all the expenses and costs with respect to any such Litigation it elects to undertake and I-Flow shall be entitled to all damages recovered in such Litigation.
Infringement and Enforcement. Licensee agrees to notify Licensor in writing promptly after it becomes aware of any actual or threatened unauthorized use, reproduction or display of the Licensed Marks. Licensor shall have the sole right, but not the obligation, to assert or file any Action in a connection with such use (an “Infringement Action”). Upon Licensor’s request, Licensee shall reasonably cooperate with Licensor, at Licensor’s cost, in any such Infringement Action. Licensor shall be entitled to any and all proceeds and damages arising from any such Infringement Action.
Infringement and Enforcement. In the event that either Party becomes aware of any infringement of the Trademark by a Third Party prior to execution of the * Confidential treatment requested. Assignment, such Party shall promptly notify the other Party. In such event of a Third Party infringement of the Trademark, Strakan will cooperate with Aptalis, at its own expense, in providing any assistance necessary if Aptalis chooses, in its sole discretion and at its own expense, to take legal action with respect to such infringement of the Trademark.
Infringement and Enforcement. An author or owner of a copyrighted work has the right to claim for protection if any of the following acts is conducted in respect of that work without his/her consent:
Infringement and Enforcement. 7.1 If any time during the term of this Agreement, 3F learns or believes that any Third Party is infringing any of the Licensed Patents or Sublicensed Patents hereunder in the Fields of Use, 3F shall notify Xxxxxxx in writing of the existence of such alleged infringement.
Infringement and Enforcement. 7.1 Licensee shall notify SSA, of any unauthorized or improper use of the BEDFAX Mark(s) or confusingly similar marks by others whenever such use comes to Licensee’s attention. SSA shall have the sole right and discretion to investigate any allegations of unauthorized or improper use of the BEDFAX Mark(s), to address such allegations in any manner, to bring infringement, unfair competition, or dilution proceedings involving the BEDFAX Mark(s), to enforce the terms of this Agreement with respect to use of the BEDFAX Mark(s) and to police internet usage of the Mark(s). Licensee shall have no authorization to enforce SSA’s rights in the BEDFAX Mark(s).
Infringement and Enforcement. 6.1. If Eaucentrix or Boon determines that any Intellectual Property covering the Proprietary Technology is being infringed, or a claim arises that the Proprietary Technology infringes the rights of a Third Party, then Eaucentrix or Boon (as applicable) shall promptly notify the other party, giving as many particulars concerning such infringement as shall he practicable at the time.
Infringement and Enforcement. In the event either Party becomes aware of any infringement of a Product Trade Xxxx or Product Trade Dress by a Third Party in the Territory, such Party shall promptly notify the other Party. In such event of a Third Party infringement of a Product Trade Xxxx or Product Trade Dress, Prestwick shall have the initial right (but not the obligation) to take legal action with respect to such infringement of such Product Trade Xxxx or Product Trade Dress at its own expense (a “Trademark Enforcement Action”). 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. 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. 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. 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. † Represents material which has been redacted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended.
Infringement and Enforcement. (a) Licensee shall not, and shall cause the Host not to, directly or indirectly, infringe, misappropriate or violate any intellectual property rights of Licensor or any Licensor affiliate in the Licensed Marks, nor contest or aid others in contesting Licensor’s and its affiliates’ validity or ownership of such rights, or take any other action in derogation thereof.
Infringement and Enforcement. 6.1 Each Party shall promptly give notice in writing to the other if it becomes aware of any infringement or suspected infringement of any of Trademarks.
