Trademark Enforcement Sample Clauses

Trademark Enforcement i. Licensee shall report to Tropicana in writing any infringement or imitation of the Trademarks it becomes aware of on or in connection with Licensed Products or products similar to Licensed Products. ii. Tropicana shall have the sole right to determine whether to institute litigation with respect to any such infringements as well as the sole right to select counsel. If Tropicana decides to institute such litigation, Tropicana, in its sole discretion, may offer Licensee an opportunity to voluntarily join in any such action. If Licensee voluntarily joins in any such action, any damages awarded as the result of a lawsuit or settlement of such action shall be split fifty/fifty (50/50) by the parties after the out-of-pocket expenses have been reimbursed. If Licensee chooses not to voluntarily join in any such action, Tropicana shall be free to join Licensee as a party thereto. If Tropicana elects not to allow Licensee to join any such action, or if Licensee does not join the suit voluntarily, Licensee agrees to cooperate with Tropicana in any such suit subject to being reimbursed for its out-of-pocket expenses, but all recoveries and awards shall be fully retained by Tropicana. iii. If Tropicana decides not to institute such litigation, Tropicana, in its sole discretion, may authorize Licensee to institute such litigation in which event Licensee shall be solely responsible for the costs of such litigation and shall be entitled to keep any recoveries therefrom. iv. Except as set forth in Section 9 hereof, each party shall be responsible for the defense and settlement of, and shall pay all expenses (including attorneys' fees) related to, any and all claims by third parties that the Trademarks licensed hereunder infringe any intellectual property rights of such third parties. Each party agrees to cooperate fully with the other, at the defending party's reasonable request and expense, in connection with the defense of any such claim.

Trademark Enforcement. 16.1 Licensee agrees to notify Licensor of any unauthorized use of the Licensed Name and Marks by others, promptly as it comes to Licensee’s attention. Except as provided in Paragraph 16.2, Licensor shall have the sole right and discretion to bring infringement actions involving the Licensed Marks, and any award received by Licensor in any such actions shall belong solely to Licensor. 16.2 Licensor and Licensee shall cooperate in stopping, by any and all legal means available, the manufacture, sale or distribution of counterfeit watches or timepieces bearing marks which are identical to or indistinguishable from the Licensed Marks (hereinafter referred to as “Counterfeit Merchandise”). Licensee, in consultation with and after receiving approval from Licensor, shall have the right to bring counterfeiting actions against parties manufacturing, holding, selling or distributing Counterfeit Merchandise as information about such Counterfeit Merchandise is brought to Licensee’s attention in the normal course of Licensee’s anti-counterfeiting efforts. Licensee shall bear all costs associated with any such actions, and any award received by Licensee in any such actions shall belong solely to Licensee. 16.3 Licensor shall have the right to bring counterfeiting actions against parties manufacturing, holding, selling or distributing Counterfeit Merchandise as information about such Counterfeit Merchandise is brought to Licensor’s attention in the normal course of Licensor’s anti- counterfeiting efforts. Licensor shall bear all costs associated with any such actions, and any award received by Licensor in any such actions shall belong solely to Licensor. 16.4 In the event that a third party brings any claim, institutes any action or commences any proceeding against Licensee arising from Licensee’s use of any of the Licensed Marks, the Trade Name, the Licensor Owned Authorized Marks or any product design, prototype, pattern, styling or copyrightable material owned by Licensor as provided in Paragraph 7.1 of this Agreement, Licensee shall promptly notify Licensor thereof and Licensor shall indemnify, defend and hold harmless Licensee and each officer, director, employee, agent, representative, contractor and customer of Licensee and of each entity controlled by Licensee from and against all losses, liabilities, damages, claims, judgments, fines, suits, demands, costs, interest and expenses of any kind or nature (including reasonable attorneys’ fees and disbursements) aris...

Trademark Enforcement. The Party that owns (the “Trademark Owner”) the applicable Trademark (whether AcelRx Trademarks, Assigned Trademarks or Grünenthal Trademarks), shall have the right to take appropriate steps to protect its Trademark from all harmful or wrongful activities of Third Parties in the Territory. The steps the Trademark Owner may take include, but are not limited to, the filing and prosecution of: (a) litigation against infringement or unfair competition by Third Parties; (b) opposition proceedings against applications for trademark or service ▇▇▇▇ registration for marks that are confusingly similar to any one or more of such Trademarks; (c) cancellation proceedings against registration of marks that are confusingly similar to any one or more of such Trademarks; and (d) other appropriate administrative actions. The Trademark Owner shall have the right to include the other Party, at the Trademark Owner’s cost, in such litigation, opposition, cancellation or other proceedings when necessary or appropriate. Such other Party shall cooperate with the Trademark Owner in any such proceeding by providing oral testimony and documentary and other relevant evidence at reasonable cost to the Trademark Owner. Any amounts obtained in connection with any such proceeding (whether awarded by a court, received in settlement or otherwise) shall be paid to the Trademark Owner. If the Trademark Owner and the other Party mutually agree to jointly participate in any litigation or other proceeding with respect to such any Trademark, their respective responsibilities, contributions to the costs and their participation in any recoveries will be agreed upon in writing before undertaking such action. If the other Party desires to file litigation or other proceeding against a Third Party, and the Trademark Owner declines to commence such litigation or proceeding, the other Party shall be entitled to commence and prosecute the litigation or proceeding at its own expense, and shall be entitled to all monetary damages and other benefits received as a result, and in such event, at the other Party’s expense, the Trademark Owner shall cooperate with such other Party in the prosecution of such litigation or proceeding. [ * ] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.

Trademark Enforcement. For as long as TMC owns the Trademark in a country, TMC will have the right, but not the obligation, to defend or enforce the Trademark in such country.

Trademark Enforcement. The LICENSOR will use its best efforts at its own expense to terminate any infringement of the Licensed Trademark. The LICENSEE will cooperate with the LICENSOR and will furnish without charge, except out-of-pocket expenses, such evidence, documents and testimony as will be required therein.

Trademark Enforcement. Licensor may, in its sole discretion, (a) take all reasonable measures, including without limitations bringing civil actions for trademark infringement, to stop the use of marks which, in its sole judgment, are the same as or confusingly similar to the Trademark and (b) take all reasonable measures, including without limitations bringing inter partes proceedings in the United States Patent and Trademark Office, to prevent the registration of marks which, in its sole judgment, are the same as or confusingly similar to the Trademark. Licensor shall have the right to bring all such actions involving the Trademark and any award received in any such actions shall belong solely to Licensor. Licensor agrees to take such actions as are reasonably requested by Licensee to require third parties who are using the Trademark within the Market during the term of Licensee's exclusive license to cease such use, including making written demands to cease and desist such use; provided that Licensor shall not be required to bring legal action against such infringing users. However, if Licensor declines to bring any such action within thirty (30) days after Licensee's written request, Licensee shall have the right to bring such an action in order to protect the exclusivity of its license with respect to the Market. Any award received in any such action brought by Licensee shall belong solely to Licensee.

Trademark Enforcement. Pretzel Time shall police and enforce its rights with respect to its trademarks and other proprietary aspects of the Pretzel Time System with the cooperation of Franchisee, and shall bring appropriate actions or proceedings against infringers or other unlawful users at its sole expense. Franchisee agrees to immediately notify Pretzel Time of any claim, demand or suit based upon or arising from or of any attempt by any other person, firm or corporation to use Pretzel Time's trademarks, service marks, copyrights, trade secrets, or Systems licensed hereunder or colorable variation thereof in which Pretzel Time has a proprietary interest. Pretzel Time will take the action it thinks appropriate. In the event Pretzel Time undertakes any prosecution of litigation or defense relating to the proprietary Marks licensed hereunder, Franchisee agrees to execute any and all documents and do such acts and things as may in Pretzel Time's opinion, be necessary to carry out such defense or prosecution. Franchisee agrees that Pretzel Time has the right to control administrative proceedings or litigation with respect to this issue. Franchisee agrees to participate and cooperate in the prosecution of any action to prevent the infringement, imitation, illegal use or misuse of the Marks and agrees to be named as a party in any such action if requested by Pretzel Time. Pretzel Time agrees to bear the legal expenses incident to Franchisee's participation in such action, except for the cost of Franchisee's personal legal counsel if Franchisee elects to be represented by counsel of his own choosing.

Trademark Enforcement. 16.1 Licensee agrees to notify Licensor of any unauthorized use of the Licensed Name and Marks by others, promptly as it comes to Licensee's attention. Except as provided in Paragraph 16.2, Licensor shall have the sole right and discretion to bring infringement actions involving the Licensed Marks, and any award received by Licensor in any such actions shall belong solely to Licensor. 16.2 Licensor and Licensee shall cooperate in stopping, by any and all legal means available, the manufacture, sale or distribution of counterfeit watches or timepieces bearing marks which are identical to or indistinguishable from the Licensed Marks (hereinafter referred to as "Counterfeit Merchandise"). Licensee, in consultation with and after receiving approval from Licensor, shall have the right to bring counterfeiting actions against parties manufacturing, holding, selling or distributing Counterfeit Merchandise as information about such Counterfeit Merchandise is brought to Licensee's attention in the normal course of Licensee's anti-counterfeiting efforts. Licensee shall bear all costs associated with any such actions, and any award received by Licensee in any such actions shall belong solely to Licensee.

Trademark Enforcement. 13.1. Licensee agrees to promptly notify Licensor of any unauthorized use of the Licensed Marks by third parties, as soon as it comes to Licensee's attention. Licensor shall have the sole right and discretion to bring infringement actions involving the Licensed Marks, and any award received by Licensor in any such actions shall belong solely to Licensor.