Common use of Infringing Use Clause in Contracts

Infringing Use. Each party shall notify the other party in writing by certified mail, return receipt requested, within five business days after it has knowledge of any infringement, misuse, dilution, acts of unfair competition or damaging acts related to the other party's Marks or any names, symbols, emblems, designs or colors which would be confusingly similar in the minds of the public to the other party's Marks, as well as any other patent, trademark, trade secret, service ▇▇▇▇, trade name, trade dress, copyright, domain name, right of publicity or other intellectual property right in any way related to or affecting the Authorized Merchandise/Services. The other party or its affiliates may, at its sole expense, take such action as it determines, in its sole discretion, is appropriate. Each party shall cooperate and assist in such protest or legal action at the affected party's or its affiliates' expense. Neither party shall undertake any protest or legal action with respect to any ▇▇▇▇ of the other party without first securing the other party's written permission to do so. For the purposes of this section, expenses shall include reasonable attorneys' fees and costs. All recovery in the form of legal damages or settlement shall belong to the party bearing the expense of such protest or legal action.

Infringing Use. Each party shall notify the other party in writing by certified mail, return receipt requested, within five business days after it has knowledge of any infringement, misuse, dilution, acts of unfair competition or damaging acts related to the other party's ’s Marks or any names, symbols, emblems, designs or colors which would be confusingly similar in the minds of the public to the other party's ’s Marks, as well as any other patent, trademark, trade secret, service ▇m▇▇▇, trade name, trade dress, copyright, domain name, right of publicity or other intellectual property right in any way related to or affecting the Authorized Merchandise/Services. The other party or its affiliates may, at its sole expense, take such action as it determines, in its sole discretion, is appropriate. Each party shall cooperate and assist in such protest or legal action at the affected party's ’s or its affiliates' ’ expense. Neither party shall undertake any protest or legal action with respect to any ▇M▇▇▇ of the other party without first securing the other party's ’s written permission to do so. For the purposes of this section, expenses shall include reasonable attorneys' ’ fees and costs. All recovery in the form of legal damages or settlement shall belong to the party bearing the expense of such protest or legal action.