Protection of the Marks. The Parties covenant and agree that neither Party nor their Affiliates shall publish, employ nor cooperate in the publication of, any misleading or deceptive advertising material with regard to the Parties, or the Atrix Marks or CollaGenex's trademarks for the Products.
Protection of the Marks. Licensor shall have the exclusive right, but not the obligation, to protect the Marks (including monitoring potentially infringing uses, and initiating, prosecuting and defending litigation), and any other rights therein and thereto, in its own name against all potential infringements and unauthorized uses of the Marks. Licensees shall provide any information and assistance reasonably requested by Licensor and/or join as a party in such action at the reasonable request and at the reasonable cost and expense of Licensor. Licensor shall be entitled to all settlement amounts, damages or other monetary relief, and costs and attorney’s fees recovered in any such action and Licensor shall have full discretion in determining whether to settle and upon what terms and conditions any settlement of such litigation resolves. Licensees shall cooperate fully in the enforcement of rights in any infringement action or in the defense of any infringement or other action respecting the Marks. In the event Licensor determines, in its sole discretion, that it is not in the best interest of Licensor to initiate any legal proceedings on account of any such infringements, claims or actions, or in the event Licensor settles or resolves any such proceedings which may be initiated, Licensees shall have no claim against Licensor for damages or otherwise, nor shall the same affect the validity or enforceability of this Agreement. If Licensor elects not to initiate or pursue legal action in connection with a potential or actual infringement or unauthorized use of the Marks, upon prior the written approval of Licensor, Licensees may take such legal action as it deems appropriate, and Licensor agrees to support such legal action at the cost and expense of Licensees. In such case, all recoveries from such actions shall be shared equally by Licensor and Licensees in proportion to the share of expenses paid by each.
Protection of the Marks. Licensee shall cooperate with Licensor in taking all appropriate measures for the protection of the Marks, including but not limited to the use of appropriate trademark symbols in connection with the same, and shall faithfully observe and execute the requirements, procedures, and directions of Licensor with respect to the use and protection of the Marks. Licensee shall not, during the term of this Agreement, or thereafter:
Protection of the Marks. The Licensees shall cooperate with Licensor in connection with efforts to protect the Marks. The Licensees shall promptly comply with Licensor’s reasonable requests for information, specimens of usage, and the like, and shall promptly execute such lawful instruments as Licensor may reasonably request. In the event of any actual or suspected infringement or piracy of any aspect of the Marks, the Licensees shall immediately report the same to Licensor in writing. Licensor shall have the sole and exclusive right to institute any claim, demand, or cause of action with respect to any such suspected or actual infringement or piracy. Licensor shall have no obligation or duty, however, to institute any such claim, demand, or cause of action. The Licensees shall furnish Licensor full cooperation in connection with any such claim, demand, or cause of action. If requested by Licensor to do so, either or both of the Licensees shall join as a party to or shall file in their own name such claim to, demand, or cause of action and, in such situations, shall be entitled to recover any damages suffered by the Licensees as a result of such infringement or piracy.
Protection of the Marks. 12.1 Licensor represents that the Marks are and shall be during the term of this Agreement valid and enforceable trademarks in the Territory and the Manufacturing Countries; that they are owned by Licensor or that Licensor is authorized and empowered by the registered owner to grant the License herein contained and that this Agreement does not conflict to any other Agreement to which Licensor is a party, that the use of the Marks in the Territory will not infringe upon any other trademark in the Territory and that the Licensor will defend, indemnify and hold harmless Licensee against any claim against Licensee (including by its manufacturers and customers) in connection with the use of the Marks and any damages paid in settlement or as part of a judgment in such claim (including attorney's fees and costs).
Protection of the Marks. Sanofi-Synthelabo covenants and agrees that neither Sanofi-Synthelabo nor its Affiliates shall publish, employ nor cooperate in the publication of, any misleading or deceptive advertising material with regard to Atrix or the Marks.
Protection of the Marks. Xxxxxx will promptly notify TOUR of any infringement or imitation of the Marks, or of any use by third persons of a trademark, service xxxx, trade name, symbol, design or the like similar to the Marks or of any acts of unfair competition involving the Marks of which it becomes aware. TOUR may take such action as it deems advisable for the protection of its rights in and to the Marks and Xxxxxx shall, if requested by TOUR, cooperate in all respects, therein at TOUR's expense. In no event, however, shall TOUR be required to take any action if it deems it inadvisable to do so, and Xxxxxx shall have no right to take any action with respect to the Marks without the prior written approval of TOUR.
Protection of the Marks. (a) Licensee shall, at its own expense, notify Licensors, within ten (10) Business Days after it becomes aware thereof, of (i) any use, application to register, or registration of any word, name, phrase, term, logo, or design, or any combination of any of the foregoing, that might constitute infringement or other violation of the Marks; or (ii) any claim of any rights in a Mxxx, or in any confusingly similar mxxx, adverse to Licensors’ interests in and to such Mxxx, or any claim that Licensee’s use of a Mxxx infringes or otherwise violates the rights of any other Person.
Protection of the Marks. The Franchisor shall have the affirmative obligation to protect and defend its use of the Marks and the Franchisor's proprietary interests therein, which affirmative obligations shall include, without limitation, ascertaining on a periodic basis whether there is any infringing or illegal use of the Marks by any unauthorized parties within the Master Franchise Area. The Master Franchisee shall notify the Franchisor in writing of any possible infringement or illegal use by others of the Marks, or trademarks the same as or substantially similar to the Marks which may come to its attention. The Master Franchisee acknowledges that the Franchisor shall have the right to determine whether action will be taken on account of any possible infringement or illegal use. If such action is deemed to be necessary, the Franchisor will notify the Master Franchisee who will be responsible for the commencement or prosecution of such action if the Franchisor determines it to be reasonably necessary for the continued protection and quality control of the Marks and Master Franchise Methods. The Franchisor shall bear the cost of any such action, including reasonable attorneys' fees, and shall reasonably cooperate with the Master Franchisee in any such litigation; provided the Franchisor shall also have the right to dictate and control the prosecution of any such action. The Master Franchisee agrees not to institute any action on account of any possible infringement or illegal use without first obtaining the Franchisor's prior written consent.
Protection of the Marks. Meda covenants and agrees that neither it nor its Affiliates shall publish, employ, or cooperate in the publication of any misleading or deceptive advertising material with regard to the Parties, the Licensed Product, the Licensed Technology, the Marks, or any trademarks of BDSI.
