Common use of Infringement Proceedings Clause in Contracts

Infringement Proceedings. Each Party agrees to promptly notify the other Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party with its reasonable cooperation and assistance with respect to any such infringement proceedings.

Appears in 35 contracts

Samples: Confidential Interactive Marketing Agreement (Styleclick Com Inc), Confidential Interactive Marketing Agreement (Varsitybooks Com Inc), Confidential Interactive Marketing Agreement (TNPC Inc)

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Infringement Proceedings. Each Party agrees to promptly notify the other Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will shall have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party Party, at such other Party's expense, with its reasonable cooperation and assistance with respect to any such infringement proceedings.

Appears in 19 contracts

Samples: Confidential Treatment (Thestreet Com), Confidential Interactive Services Agreement (PNV Inc), Confidential Interactive Services Agreement (Divot Golf Corp)

Infringement Proceedings. Each Party agrees to promptly notify the other ------------------------ Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party with its reasonable cooperation and assistance with respect to any such infringement proceedings.

Appears in 11 contracts

Samples: Interactive Marketing Agreement (Homegrocer Com Inc), Restricted Stock Purchase Agreement (Smartage Corp), Interactive Marketing Agreement (Cyberian Outpost Inc)

Infringement Proceedings. Each Party agrees to promptly notify the other Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will shall have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party with its reasonable cooperation and assistance with respect to any such infringement proceedings.

Appears in 9 contracts

Samples: Confidential Interactive Marketing Agreement (Autobytel Inc), Interactive Marketing Agreement (1 800 Flowers Com Inc), Confidential Interactive Marketing Agreement (1 800 Flowers Com Inc)

Infringement Proceedings. Each Party agrees to promptly notify the other Party ------------------------ of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will shall have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party Party, at such other Party's expense, with its reasonable cooperation and assistance with respect to any such infringement proceedings.

Appears in 5 contracts

Samples: Confidential Interactive Services Agreement (Multex Systems Inc), Confidential Interactive Services Agreement (Multex Com Inc), Netcenter Services Agreement Cover Sheet (Powerize Com Inc)

Infringement Proceedings. Each Party agrees to promptly notify the each ------------------------ other Party of any unauthorized use of the such other Party's Marks of which it has actual knowledge. Each Party will shall have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party Parties, at such other Parties' expense, with its reasonable cooperation and assistance with respect to any such infringement proceedingsproceedings to the extent such proceedings arise out or of relate to this Agreement.

Appears in 3 contracts

Samples: Escrow Agreement (America Online Latin America Inc), Escrow Agreement (America Online Latin America Inc), Escrow Agreement (America Online Latin America Inc)

Infringement Proceedings. Each Party agrees to promptly notify ------------------------ the other Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will shall have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party with its reasonable cooperation and assistance with respect to any such infringement proceedings.

Appears in 3 contracts

Samples: Marketing Agreement (Autoweb Com Inc), Interactive Services Agreement (Preview Travel Inc), Interactive Services Agreement (Preview Travel Inc)

Infringement Proceedings. Each Party agrees to promptly notify the other Party of any unauthorized use of the other Party's ’s Marks of which it has actual knowledge. Each Party will have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party with its reasonable cooperation and assistance with respect to any such infringement proceedings.

Appears in 3 contracts

Samples: Interactive Marketing Agreement (AOL Inc.), Search Services Agreement (AOL Inc.), Interactive Marketing Agreement (AOL Inc.)

Infringement Proceedings. Each Party agrees to promptly notify the other Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party with its reasonable cooperation and assistance with respect to any such infringement proceedings. The costs and expenses involved in any such infringement proceedings shall be the responsibility of the party bringing the proceeding.

Appears in 3 contracts

Samples: Interactive Marketing Agreement (Autotrader Com Inc), Interactive Marketing Agreement (Autotrader Com Inc), Interactive Marketing Agreement (Autotrader Com Inc)

Infringement Proceedings. Each Party agrees to promptly notify the other ------------------------ Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will shall have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party Party, at such other Party's expense, with its reasonable cooperation and assistance with respect to any such infringement proceedings.

Appears in 2 contracts

Samples: License Agreement (Sequiam Corp), Development and Services Agreement (Drkoop Com Inc)

Infringement Proceedings. Each Party agrees to promptly notify the ------------------------- other Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will shall have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party with its reasonable cooperation and assistance with respect to any such infringement proceedings.

Appears in 2 contracts

Samples: Marketing Agreement (Autoweb Com Inc), Marketing Agreement (Carsdirect Com Inc)

Infringement Proceedings. Each Party agrees to promptly notify the other Party of any unauthorized use of the other PartyPart's Marks of which it has actual knowledge. Each Party will shall have the sole right and discretion to bring proceedings alleging infringement infrongement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party Party, at such other Party's expense, with its reasonable cooperation and assistance with respect to any such infringement infrongement proceedings.

Appears in 1 contract

Samples: Interactive Services Agreement (Sportsline Usa Inc)

Infringement Proceedings. Each Party agrees to promptly notify the other ------------------------ Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will shall have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party with its reasonable cooperation and assistance with respect to any such infringement proceedings.

Appears in 1 contract

Samples: Confidential Treatment (Autoweb Com Inc)

Infringement Proceedings. Each Party party agrees to promptly notify the other Party party ------------------------ of any unauthorized use of the other Partyparty's Marks of which it has actual knowledge. Each Party will party shall have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party party agrees to provide the other Party party, at such other party's expense, with its reasonable cooperation and assistance with respect to any such infringement proceedings.

Appears in 1 contract

Samples: Interactive Services Agreement Cover Sheet (Iown Holdings Inc)

Infringement Proceedings. Each Party agrees to promptly notify the other Party of any unauthorized use of the other Party's ’s Marks of which it has actual knowledge. Each Party will have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; : provided, however, that each Party agrees to provide the other Party with its reasonable cooperation and assistance with respect to any such infringement proceedings.

Appears in 1 contract

Samples: Search Services Agreement (AOL Inc.)

Infringement Proceedings. Each Party agrees to promptly notify promptlynotify the other ------------------------ Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party with its reasonable cooperation and assistance with respect to any such infringement proceedings.

Appears in 1 contract

Samples: Interactive Marketing and Distribution Agreement (Stamps Com Inc)

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Infringement Proceedings. Each Party agrees to promptly notify the other Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will shall have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party party agrees to provide the other Party Party, at such other Party's expense, with its reasonable cooperation and ad assistance with respect to any such infringement proceedings.

Appears in 1 contract

Samples: Confidential (Ivillage Inc)

Infringement Proceedings. Each Party of the Parties hereto agrees to promptly notify the other Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Such other Party will shall have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide with the other Party with its reasonable cooperation and assistance with respect to any such infringement proceedingsof the Party providing notification.

Appears in 1 contract

Samples: Strategic Marketing and Content Agreement (Omnisky Corp)

Infringement Proceedings. Each Party party agrees to promptly notify the other Party ------------------------ party of any unauthorized use of the other Partyparty's Marks of which it has actual knowledge. Each Party will party shall have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party party agrees to provide the other Party party, at such other party's expense, with its reasonable cooperation and assistance with respect to any such infringement proceedingsproceedings arising out of the distribution or promotion of the Bundled Products hereunder.

Appears in 1 contract

Samples: Confidential Marketing Agreement (Emachines Inc /De/)

Infringement Proceedings. Each Party agrees to promptly notify the other Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will shall have the sole right and discretion to bring bring, proceedings alleging infringement of its Marks Mark's or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party Party, at such other Party's expense, with its reasonable cooperation and assistance with respect to any such infringement proceedings.

Appears in 1 contract

Samples: Interactive Services Agreement (Americasdoctor Com Inc)

Infringement Proceedings. Each Party agrees to promptly notify the other ------------------------ Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party with its reasonable cooperation and assistance assistance, at the other Party's expense and reasonable written request, with respect to any such infringement proceedings.

Appears in 1 contract

Samples: Confidential Treatment (Purchasepro Com Inc)

Infringement Proceedings. Each Party agrees to promptly notify the other Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will shall have the sole right and discretion to bring proceedings alleging infringement of its Marks marks or unfair competition related thereto; provided, however, that each Party party agrees to provide the other Party Party, at such other Party's expense, with its reasonable cooperation and assistance with respect to any such infringement proceedings.

Appears in 1 contract

Samples: Confidential Anchor Tenant Agreement (Launch Media Inc)

Infringement Proceedings. Each Party agrees to promptly notify the other Party of any unauthorized use of the other Party's ’s Marks of which it has actual knowledge. Each Party will shall have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party Party, at such other Party’s expense, with its reasonable cooperation and assistance with respect to any such infringement proceedings.

Appears in 1 contract

Samples: Distribution Agreement (Homestore Inc)

Infringement Proceedings. Each Party agrees to promptly notify the other Party ------------------------ of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will shall have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; , provided, however, that each Party agrees to provide the other Party Party, at such other Party's expense, with its reasonable cooperation and assistance with respect to any such infringement proceedings.

Appears in 1 contract

Samples: Confidential Interactive Services Agreement (CCBN Com)

Infringement Proceedings. Each Party agrees to promptly notify the ------------------------ other Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party with its reasonable cooperation and assistance with respect to any such infringement proceedings.

Appears in 1 contract

Samples: Interactive Marketing Agreement (Homestore Com Inc)

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