TRADEMARK DEFENSE Sample Clauses
The Trademark Defense clause obligates one party to defend the other against claims or legal actions alleging infringement of a third party’s trademark rights. Typically, this means that if a product or service provided under the agreement is accused of violating someone else’s trademark, the responsible party must handle the legal defense and cover associated costs, such as attorney fees or settlements. This clause is essential for allocating the risk of trademark disputes, ensuring that the party best positioned to manage or prevent infringement bears the responsibility, and protecting the other party from unexpected legal liabilities.
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TRADEMARK DEFENSE. Licensee shall apprise Licensor immediately upon discovery of any possible infringement of the Trademark which comes to the attention of Licensee. Licensor, at its sole cost and expense, and in its own name, may prosecute and defend any action or proceeding which Licensor deems necessary or desirable to protect the Trademark, including but not limited to actions or proceedings involving their infringement. Upon written request by Licensor, Licensee shall join Licensor at Licensor's sole expense in any such action or proceeding. However, Licensee shall not commence any action or proceeding to protect the Trademark or any action or proceeding alleging infringement thereof without the prior written consent of Licensor. Licensee may prosecute and defend, at its sole expense and in its own name, any action or proceeding to protect its designs or styles. Any and all damages recovered in any action or proceeding commenced by Licensor shall belong solely and exclusively to Licensor.
TRADEMARK DEFENSE. 5.1 Licensee shall promptly notify Licensor of any and all infringements, imitations, simulations or other illegal use or misuse of the Kindness IP which come to Licensee's attention. As the owner of the Kindness IP, Licensor shall determine whether to take any action to prevent the infringement, imitation, simulation or other illegal use or misuse of the Kindness IP. If Licensor elects not to take such action, Licensee may take such action at Licensee's expense if it has received Licensor's prior written approval to take such action. In this event, Licensor shall, at Licensee's expense, cooperate in such action with Licensee including, without limitation, joining as a party. Any money recovered by way of damages or otherwise with respect to such action shall be kept by the party which bore the costs of such action; or, in any case where the parties have shared the costs, such money shall be shared in proportion to the costs borne by each party.
5.2 Licensee shall render Licensor all reasonable assistance in connection with any matter pertaining to the protection, enforcement or infringement of Kindness IP used by Licensee, whether in the courts, administrative or quasi-judicial agencies, or otherwise.
TRADEMARK DEFENSE. Licensee shall apprise Licensor promptly upon discovery of any possible infringement of the Trademark, which comes to the attention of Licensee. Licensor, at its sole cost and expense, and in its own name, may prosecute and defend any action or proceeding which Licensor deems necessary or desirable to protect the Trademark, including but not limited to actions or proceedings involving their infringement; provided, however, that, notwithstanding anything to the contrary contained in this Agreement, if Licensor fails to so protect the Trademark, Licensee may take all necessary steps to do so at its own cost and expense.