Trademark Infringement. (a) If either Party learns that a third party is infringing the ACTIMMUNE xxxx, it shall promptly notify the other in writing. The Parties shall use reasonable efforts in cooperation with each other to stop such trademark infringement without litigation.
Trademark Infringement. No symbol, logo, phrase, or other trademark from a document, website, or other source may be uploaded, downloaded, linked, or in any way transmitted without the express permission of the trademark owner.
Trademark Infringement. Impax shall promptly advise Wyeth of all cases of Third Party infringement of trademarks associated with the Product that come to Impax’s attention, and shall, at the specific written request of Wyeth, render all assistance reasonably requested in connection with any action taken by Wyeth in relation to any alleged trademark infringement. The control of such action, including whether to initiate action and/or to settle, shall solely be under the control of Wyeth and Wyeth shall retain for its own account any damages or other monetary relief in connection with such action. Impax shall not undertake any action with respect to infringement of such trademarks or trade names without Wyeth’s prior written consent.
Trademark Infringement. KDP shall promptly call to the attention of Can-Fxxx the use by any Third Party of any Trademark or any trademark similar to the Trademarks, of which it becomes aware. Can-Fxxx shall have the right to decide whether or not to bring proceedings against such Third Parties, giving commercially reasonable consideration to any reasonably anticipated, material adverse effect(s) on KDP’s business (to the extent KDP has provided written information to Can-Fxxx regarding such reasonably anticipated, material adverse effect(s)). Such proceedings shall be at the expense of Can-Fxxx. KDP shall cooperate fully with Can-Fxxx to whatever extent is deemed reasonably necessary by Can-Fxxx to prosecute such action. In the event that Can-Fxxx recovers damages from prosecution of such action, Can-Fxxx shall retain all amounts received for such damages, except that KDP shall be entitled to reimbursement of its costs, expenses, and attorneys’ fees attributable to such action (or in proportionate amounts thereof, should Can-Fxxx recover an insufficient amount for both Parties’ such costs and expenses).
Trademark Infringement. Alfacell and Par shall promptly notify the other in writing of any alleged or threatened infringement or any challenge to the validity of the Trademark or any challenge to Alfacell’s ownership of or Par’ s right to use the Trademark in the Territory of which they become aware. Both Parties shall use their reasonable efforts in cooperating with each other to terminate such infringement without litigation. Alfacell shall have the sole right to bring and control any action or proceeding with respect to infringement of any of the Trademark at its own expense and by counsel of its own choice, subject to the following provisions. With respect to infringement of any of the Trademark in the Territory, if Alfacell fails to bring an action or proceeding within (i) thirty (30) days following the notice of alleged infringement or (ii) ten (10) days before the time limit, if any, set forth in the appropriate laws and regulations for the filing of such actions, whichever comes first, Par shall have the right to bring and control any such action at its own expense and by counsel of its own choice, and Alfacell shall have the right, at its own expense, to be represented in any such action by counsel of its own choice. In the event a Party brings an infringement action, the other Party shall cooperate fully, including if required to bring such action, the furnishing of a power of attorney or being named as a party. Neither Party shall have the right to settle any infringement litigation under this Section 9.5 relating to the Trademark in a manner that diminishes the rights or interests of the other Party without the prior written consent of the other Party, which shall not be unreasonably withheld, delayed or conditioned. Except as otherwise agreed to by the Parties as part of a cost-sharing arrangement, any recovery realized as a result of such litigation, after reimbursement of any litigation expenses of Alfacell and Par, ***.
Trademark Infringement. Licensee shall bring to the attention of Company any infringement or misuse of the Trademark which comes to Licensee's attention. Company shall indemnify, defend and hold Licensee harmless from any infringement or unfair competition proceedings involving the Trademark so long as Licensee is using the Trademark in compliance with this Agreement. Licensee shall not assert any claim based upon misuse or infringement of the Trademark without the prior written consent of Company;
Trademark Infringement. (a) With respect to any and all claims instituted by Third Parties against Licensor, Checkpoint or TGTX or any of their respective Affiliates or Sublicensees for Trademark infringement involving the Marketing of the Licensed Products, TGTX, its Sublicensees and Affiliates shall be solely responsible for, and indemnify Licensor and Checkpoint against, any and all Losses arising out of or resulting from the use of any Trademarks.
Trademark Infringement. Xxxxxxxxxx agrees to notify Franchisor in writing of any possible infringement of a Mark or use by others of a trademark confusingly similar to the Marks coming to its attention. Franchisee acknowledges that Franchisor and its affiliates shall have the sole right to determine whether any action will be taken in response to any possible infringement or illegal use and to control any action taken. Franchisee agrees to fully cooperate with Franchisor and its affiliates in any litigation or other action.
Trademark Infringement. 11.6.1. Each party shall promptly give notice in writing to the other in the event that it becomes aware of:
Trademark Infringement. Notice regarding potential infringement of and control of any Protective Action relating to any Amicus Trademark or GSK Trademark in any country of the Territory related to the Compound or a Product or the Development, Manufacture, use, importation, or sale thereof in the Territory will be addressed in accordance with the applicable Trademark License Agreement.
