Common use of TRADEMARKS, COPYRIGHTS AND SIMILAR MATTERS Clause in Contracts

TRADEMARKS, COPYRIGHTS AND SIMILAR MATTERS. (a) Since September 30, 1994, the Corporation has not been charged with infringement or violation of any patent, trademark, service mark, xxade name or copyright. To Sellers' knowledge, the Corporation is not using or has not in any way made use of any patentable or unpatentable invention, or any confidential information or trade secret, of any former employer of any present or past employee of the Corporation. All patents, trademarks, service marks, trade names and copyrights (the "Specified Items"), and all applications or registrations (including those whose use is limited to one or more states of the United States), owned or, if material, used by the Corporation are listed on Schedule 4.27 and, to the extent indicated, have been duly registered in, filed in or issued by the United States Patent Office or the corresponding agency or office of each of such states. Except as indicated on Schedule 4.27, the Corporation is the sole and exclusive owner of, or has the sole and exclusive right to use, the Specified Items, except for the rights of licensees (whose names and addresses are listed on Schedule 4.27). Except as set forth on Schedule 4.27, the Corporation does not use any of the Specified Items by consent of any other party and the same are free and clear of any attachments, liens, claims, encumbrances or agreements. Except as listed on Schedule 4.27, there are no claims or demands of any other person, firm or corporation pertaining to any of the Specified Items, and no proceedings have been instituted, are pending or, to the knowledge of Sellers, are threatened which challenge the right of the Corporation in respect of any of the Specified Items. To the knowledge of Sellers, none of the Specified Items infringes on, or is being infringed on by others, and none of the Specified Items is subject to any outstanding order, decree, judgment, stipulation or agreement restricting the scope of its use.

Appears in 1 contract

Samples: Stock Purchase Agreement (Corrpro Companies Inc /Oh/)

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TRADEMARKS, COPYRIGHTS AND SIMILAR MATTERS. (a) Since September 30, 1994Except as set forth on Schedule 2.26, the Corporation Company has not not, within the last five (5) years, been charged with infringement or violation of any patent, trademark, service mark, xxade name name, copyright or copyrightany other intellectual property right. To Sellers' knowledge, the Corporation The Company is not using or nor has not it in any way made use of any patentable or unpatentable invention, or any confidential information or trade secret, of any former employer of any present or past employee of the CorporationCompany. All patents, trademarks, service marks, trade names names, copyrights and copyrights other intellectual property rights, including, without limitation, any contractual rights (such as licenses) pursuant to which the Company uses any intellectual property rights of another party (collectively, the "Specified Items"), and all applications or registrations (including those whose use is limited to one or more states of the United States)registrations, owned or, if material, or used by the Corporation Company are listed on Schedule 4.27 2.26 and, to the extent indicated, have been duly registered in, filed in or issued by the United States Swedish Patent and Registration Authority Office or the corresponding agency or office of each of applicable jurisdiction and all renewal fees for such statesregistrations have been paid. Except as indicated on Schedule 4.272.26, the Corporation Company is the sole and exclusive owner of, or has the sole and exclusive right to use, the Specified Items, except for the rights of licensees (whose names and addresses are listed on Schedule 4.272.26). Except as set forth on Schedule 4.272.26, the Corporation Company does not use any of the Specified Items by consent of any other party and the same are free and clear of any attachments, liens, claims, encumbrances or agreements. Except as listed on Schedule 4.272.26, to the knowledge of Sellers, there are no claims or demands of any other person, firm or corporation pertaining to any of the Specified Items, and no proceedings have been instituted, are pending or, to the knowledge of Sellers, or are threatened which challenge the right of the Corporation in Company with respect of to any of the Specified Items. To the knowledge of Sellers, none None of the Specified Items infringes on, or is being infringed on by others, and none of the Specified Items is subject to any outstanding order, decree, judgment, stipulation or agreement restricting the scope of its use.

Appears in 1 contract

Samples: Stock Purchase Agreement (Waterlink Inc)

TRADEMARKS, COPYRIGHTS AND SIMILAR MATTERS. (a) Since September 30, 1994, the Corporation The Company has not never been charged with infringement or violation of any patent, trademark, service mark, xxade name or copyright. To Sellers' knowledgethe best knowledge of the Company, the Corporation Company is not using or nor has not it in any way made use of any patentable or unpatentable invention, or any confidential information or trade secret, of any former employer of any present or past employee of the CorporationCompany. All patents, trademarks, service marks, trade names and copyrights (the "Specified Items"), and all applications or registrations (including those whose use is limited to one or more states of the United States), owned or, if material, or used by the Corporation Company are listed on Schedule 4.27 3.27 and, to the extent indicated, have been duly registered in, filed in or issued by the United States Patent Office or the corresponding agency or office of each of such states. Except as indicated on Schedule 4.273.27, the Corporation Company is the sole and exclusive owner of, or has the sole and exclusive right to use, the Specified Items, except for the rights of licensees (whose names and addresses are listed on Schedule 4.273.27). Except as set forth on Schedule 4.273.27, the Corporation Company does not use any of the Specified Items by consent of any other party and the same are free and clear of any attachments, liens, claims, encumbrances or agreements. Except as listed on Schedule 4.273.27, there are no claims or demands of any other person, firm or corporation pertaining to any of the Specified Items, and no proceedings have been instituted, are pending or, to the knowledge of Sellersthe Company, are threatened which challenge the right of the Corporation in Company with respect of to any of the Specified Items. To the best knowledge of Sellersthe Company, none of the Specified Items infringes on, or or, to the knowledge of the Company, is being infringed on by others, and none of the Specified Items is subject to any outstanding order, decree, judgment, stipulation or agreement restricting the scope of its use.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Waterlink Inc)

TRADEMARKS, COPYRIGHTS AND SIMILAR MATTERS. (a) Since September 30Except as set forth on SCHEDULE 2.27, 1994during the five years preceding the Closing Date, neither the Corporation nor any Subsidiary has not been charged with infringement or violation of any patent, trademark, service mark, xxade name or copyright. To Sellers' knowledge, Neither the Corporation nor any Subsidiary is not using or has not in any way made use of any patentable or unpatentable invention, or any confidential information or trade secret, of any former employer of any present or past employee of the CorporationCorporation or any Subsidiary. All patents, trademarks, service marks, trade names and copyrights (the "Specified Items"), and all applications or registrations (including those whose use is limited to one or more states of the United States), owned or, if material, or used by the Corporation or any Subsidiary are listed on Schedule 4.27 SCHEDULE 2.27 and, to the extent indicated, have been duly registered in, filed in or issued by the United States Patent Office or the corresponding agency or office of each of such states. Except as indicated on Schedule 4.27SCHEDULE 2.27, the Corporation or such Subsidiary is the sole and exclusive owner of, or has the sole and exclusive right to use, the Specified Items, except for the rights of licensees (whose names and addresses are listed on Schedule 4.27SCHEDULE 2.27). Except as set forth on Schedule 4.27SCHEDULE 2.27, neither the Corporation does not use nor any Subsidiary uses any of the Specified Items by consent of any other party and the same are free and clear of any attachments, liens, claims, encumbrances or agreements. Except as listed on Schedule 4.27SCHEDULE 2.27, there are no claims or demands of any other person, firm or corporation pertaining to any of the Specified Items, and no proceedings have been instituted, are pending or, to the knowledge of SellersThomxxxx, are xxe threatened which challenge the right of the Corporation or any Subsidiary in respect of any of the Specified Items. To the knowledge of Sellers, none None of the Specified Items infringes on, or is or, to the knowledge of Thomxxxx, xx being infringed on by others, and none of the Specified Items is subject to any outstanding order, decree, judgment, stipulation or agreement restricting the scope of its use.

Appears in 1 contract

Samples: Stock Purchase Agreement (Waterlink Inc)

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TRADEMARKS, COPYRIGHTS AND SIMILAR MATTERS. (a) Since September 30, 1994, the The Corporation has not never been charged with infringement or violation of any patent, trademark, service mark, xxade name or copyright. To Sellers' knowledge, the The Corporation is not using or has not in any way made use of any patentable or unpatentable invention, or any confidential information or trade secret, of any former employer of any present or past employee of the Corporation. All patents, trademarks, service marks, trade names and copyrights (the "Specified Items"), and all applications or registrations (including those whose use is limited to one or more states of the United States), owned or, if material, or used by the Corporation are listed on Schedule 4.27 2.27 and, to the extent indicated, have been duly registered in, filed in or issued by the United States Patent Office or the corresponding agency or office of each of such states. Except as indicated on Schedule 4.272.27, the Corporation is the sole and exclusive owner of, or has the sole and exclusive right to use, the Specified Items, except for the rights of licensees (whose names and addresses are listed on Schedule 4.272.27). Except as set forth on Schedule 4.272.27, the Corporation does not use any of the Specified Items by consent of any other party and the same are free and clear of any attachments, liens, claims, encumbrances or agreements. Except as listed on Schedule 4.272.27, there are no claims or demands of any other person, firm or corporation pertaining to any of the Specified Items, and no proceedings have been instituted, are pending or, to the knowledge of SellersSeller, are threatened which challenge the right of the Corporation in respect of any of the Specified Items. To the knowledge of Sellers, none None of the Specified Items infringes on, or or, to the knowledge of Seller, is being infringed on by others, and none of the Specified Items is subject to any outstanding order, decree, judgment, stipulation or agreement restricting the scope of its use.

Appears in 1 contract

Samples: Stock Purchase Agreement (Waterlink Inc)

TRADEMARKS, COPYRIGHTS AND SIMILAR MATTERS. (a) Since September 30, 1994, the Corporation Seller has not never been charged with infringement or violation of any patent, trademark, service mark, xxade name or copyright. To Sellers' knowledge, the Corporation Seller is not using or nor has not in any way made use of any patentable or unpatentable invention, or any confidential information or trade secret, of any former employer of any present or past employee of the CorporationSeller. All patents, trademarks, service marks, trade names and copyrights (the "Specified Items"), and all applications or registrations (including those whose use is limited to one or more states of the United States), owned or, if material, or used by Seller (in connection with the Corporation Business or Subject Assets) are listed on Schedule 4.27 SCHEDULE 3.25 and, to the extent indicated, have been duly registered in, filed in or issued by the United States Patent Office or the corresponding agency or office of each of such states. Except as indicated on SCHEDULE 3.25, which Schedule 4.27shall include, without limitation, the Corporation Exclusive License (as defined below) Seller is the sole and exclusive owner of, or has the sole and exclusive right rights to use, the Specified Items, Items except for the rights of licensees (whose names and addresses are listed on Schedule 4.27)SCHEDULE 3.25) or as specified on such Schedule. Except as set forth on Schedule 4.27SCHEDULE 3.25, the Corporation Seller does not use any of the Specified Items by consent of any other party and the same are free and clear of any attachments, liens, claims, encumbrances or agreements. Except as listed on Schedule 4.27SCHEDULE 3.25, there are no claims or demands of any other person, firm or corporation pertaining to any of the Specified Items, and no proceedings have been instituted, are pending or, to the knowledge of SellersSeller or Shareholder, are threatened which challenge the right of the Corporation Seller in respect of any of the Specified Items. To the knowledge of Sellers, none None of the Specified Items infringes on, or, to the knowledge of Seller or Shareholder, is being infringed on by others, and none of the Specified Items is subject to any outstanding order, decree, judgment, stipulation or agreement restricting the scope of its use.

Appears in 1 contract

Samples: Asset Purchase Agreement (Waterlink Inc)

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