Infringement of Trademarks. In the event that, during the term of the license granted to DJ Pharma under Section 1.2 hereof, either DJ Pharma or Dura Bermuda learn that the Keftab Trademark is being infringed in any territory by any other party, it shall promptly notify the other of such infringement. In such event both DJ Pharma and Dura Bermuda shall have the right, but not the obligation to act jointly to terminate any such third party infringement, including, without limitation, prosecuting a lawsuit or other legal proceeding at both Dura Bermuda's and DJ Pharma's joint expense to be shared equally between Dura Bermuda and DJ Pharma. Any recovery received as a result of such joint action to terminate an infringement of the Keftab Trademark, less the reimbursement of each Dura Bermuda and DJ Pharma for the out-of-pocket expenses incurred in taking, joining and prosecuting such action, shall be shared equally between Dura Bermuda and DJ Pharma. In the event either DJ Pharma or Dura Bermuda elects to not take any action to terminate such third party infringement (the "Non-Acting Entity") within sixty (60) days following notice from the other of a claim of infringement, such other party (the "Acting Entity") shall have the right, but not the obligation, to act to terminate any such third party infringement, including, without limitation, prosecuting a lawsuit or other legal proceeding, at the Acting Entity's own expense; and the Acting Entity may retain any recovery it may receive as a result of its actions to terminate such infringement. Notwithstanding the foregoing, the Non-Acting Entity shall fully cooperate with the Acting Entity in any action the Acting Entity takes to terminate such infringement and, to the extent the Acting Entity recovers damages from such third party, through settlement or otherwise, the Non-Acting Entity shall be reimbursed by the Acting Entity for all reasonable expenses, if any, incurred in connection therewith.
Infringement of Trademarks. If either Party becomes aware of any infringement of any Product Trademark by a Third Party in the Licensed Territory, such Party shall promptly notify the other Party and the Parties shall consult with each other and jointly determine the best way to prevent such infringement, including by the institution of legal proceedings against such Third Party.
Infringement of Trademarks. Each Party shall notify the JCC promptly upon learning of any actual, alleged or threatened infringement of a trademark applicable to a Franchise Product (the "Trademark") in the Co-Promotion Territory or of any unfair trade practices, trade dress imitation, passing off of counterfeit goods, or like offenses in the Co-Promotion Territory. Upon learning of such offenses from a Party regarding a jointly owned Trademark, the JMC shall confer with the Parties regarding which Party and counsel should be assigned to defend the Trademark. The Party defending the Trademark shall take all reasonable and appropriate steps to protect, defend and maintain the Trademark for use by the Parties in connection with the Franchise Product. Upon learning of such an offense from a Party regarding a Trademark owned solely by one of the Parties, and not provided for above in this Section, the JCC shall confer with the Parties regarding the defense of such Trademark. The decision whether and how to defend such a Trademark owned solely by one Party will rest with such Party.
Infringement of Trademarks. Each Party shall notify the JCT promptly upon learning of any actual, alleged or threatened infringement of any trademark, service mark or trade dress right applicable to a Licensed Product in the Texxxxory, or of any unfair trade practices, trade dress imitation, passing off of counterfeit CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ASTERISKS (*) DENOTE SUCH OMISSIONS. goods, or like offenses in the Territory. Upon learning of such offenses from a Party regarding such potential or actual violation, the JPC shall confer with the Parties as to which Party and counsel should be assigned to defend the applicable rights. Subject to the overview of the JPC, the Party defending the Product Trademark or Antegren Trademark, as the case may be, shall take all reasonable and appropriate steps to protect, defend and maintain the Product Trademark and Antegren Trademark for use by the Parties in the Territory in connection with Antegren or, as applicable, other Licensed Product. The Parties shall cooperate in good faith with respect to all enforcement actions hereunder, and each Party shall notify the other Party promptly of all substantive developments with respect to such enforcement actions, including, but not limited to, all material filings, court papers and other related documents. Each Party shall consider the timely given, reasonable comments and advice of the other Party with respect to the strategy employed and submissions made relative to any such enforcement actions, and any disagreements shall be brought to the attention of the JSC for resolution.
Infringement of Trademarks. The parties shall develop mutually acceptable mechanisms to protect, defend and maintain each Trademark, and all registrations therefore, and each Party shall notify the other Party promptly upon learning of any actual, alleged or threatened challenges to or infringement of a trademark or of any unfair trade practices, trade dress imitation, passing off of counterfeit goods, or like offenses. Upon learning of such offenses SangStat shall have the obligation to, in consultation with Abgenix, institute and control an appropriate action or proceeding to halt the offense, unless the Parties otherwise mutually agree. Abgenix shall have the right to participate fully in all such actions or proceedings.
Infringement of Trademarks. In the event that, either Horizon or AHP learn that any of the Trademarks pertaining to Products is being infringed in the Territory by any Third Party, it shall promptly notify the other Party of such infringement. AHP shall have the right, but not the obligation, to act to terminate any such Third Party infringement, including, without limitation, prosecuting a lawsuit or other legal proceeding, at AHP's own expense. In the event that AHP takes any such action to terminate such infringement, Horizon may, at its sole option, take appropriate steps to join AHP in such action and share equally in the costs thereof. If and only if Horizon joins such action as stated in the preceding sentence, AHP and Horizon shall share equally in any recovery which may be received as a result of such action less the reimbursement of each Party for the out-of-pocket expenses incurred in taking, joining and prosecuting such action. Notwithstanding the foregoing, Horizon shall fully cooperate with AHP in any action AHP takes to terminate such infringement and, to the
Infringement of Trademarks. 6.6.1. Each Party shall notify the other Party promptly upon learning of any actual or alleged infringement of any Trademark or of any unfair trade practices, trade dress imitation, passing off of counterfeit goods, or like offenses, or any such claims (hereinafter "TRADEMARK INFRINGEMENT CLAIMS") brought by a Third Party against a Party in connection with the Product in the Territory. Upon learning of such Trademark Infringement Claim, Sublicensee shall take all reasonable and appropriate steps to resolve the Trademark Infringement Claim, with the reasonable cooperation and assistance of Myogen. All of the reasonable direct costs of in-house counsel, the fees and expenses paid to outside counsel and other reasonable direct costs incurred in bringing, maintaining and prosecuting any action described in this Article 6.6.1 shall
Infringement of Trademarks. XOMA shall notify the Joint Core Team promptly upon learning of any actual, alleged or threatened infringement of a Genentech Xxxx in the Co-Promotion Territory or of any unfair trade practices, trade dress imitation, passing off of counterfeit goods or like offenses in the Co-Promotion Territory. The Joint Core Team shall confer with Genentech regarding the defense of such Genentech Xxxx. The decision whether and how to defend such a Genentech Xxxx will rest with Genentech; provided, however, that if Genentech fails to bring an action or proceeding in the Co-Promotion Territory within a period of sixty (60) days of notice by XOMA to Genentech requesting action, XOMA will have the right, at its own expense, to bring and control any such action or proceeding in the Co-Promotion Territory by counsel of its own choice.
Infringement of Trademarks. If Licensee becomes aware of any infringement of the Trademarks or of the existence, use or promotion of any xxxx or design similar to the Trademarks, Licensee shall promptly notify Licensor.
Infringement of Trademarks. 10.1 The Licensee shall keep a diligent watch in order to detect any products which infringe, or possibly infringe the Trademarks. Upon detection of any such infringement, or possible infringement, the Licensee shall take appropriate legal action to restrain such infringement and/or recover damages in respect thereof unless the Licensee is advised by its legal counsel that the infringement, in the opinion of counsel, is immaterial. The Licensor will, at no cost to the Licensee, assist the Licensee in such action by testifying in any legal proceedings, signing all necessary papers, and rendering any other assistance (except financial assistance) which may, in the opinion of the Licensee or its counsel, reasonably be required to prosecute such action to a successful conclusion. If the Licensee is successful in obtaining any award of damages as a result of such legal action, the Licensee shall be entitled to retain 95% of the proceeds from such action and the Licensor shall be entitled to retain 5% of the proceeds. If the Licensee does not undertake legal action to restrain such infringement and/or recover damages in respect thereof, then the Licensor may undertake such action at the Licensor’s expense and be entitled to retain the full amount of any proceeds from such legal action.
