Examples of Lilly Product Marks in a sentence
Except for the license granted in Section 9.2, nothing herein shall create any rights of United Therapeutics in and to the Lilly Product Marks or the Lilly Corporate Marks.
As between Lilly and United Therapeutics, United Therapeutics shall own all right, title, and interest in and to any intellectual property in the United Therapeutics Promotional Materials, excluding any Lilly Product Marks and any Lilly Corporate Marks marked thereon.
Subject to the terms and conditions of this Agreement, Lilly hereby grants to United Therapeutics and United Therapeutics’ Affiliates an exclusive license to use and display the Lilly Product Marks during the Term in the Field in the Territory, solely in connection with the Commercialization of the Product in the Field in the Territory, as provided under and in accordance with this ARTICLE 9.
Neither Party shall use the Lilly Product Marks as all or part of any corporate name, trade name, trademark, service xxxx, certification xxxx, collective membership xxxx, domain name, or any other designation confusingly similar to any other xxxx in any way that damages the Lilly Product Marks; provided, however, that United Therapeutics shall be free to use the separate Lilly brand name for the Product in the Territory in connection with its exercise of the rights granted to it under this Agreement.
An appropriate statutory notice of trademark ownership shall be affixed to or imprinted on any material wherever the Lilly Product Marks or Lilly Corporate Marks are used (subject to reasonable size and artistic constraints) in substantially the following form (tailored to reflect which trademark is being used): “{trademark}™” is a trademark owned by Xxx Xxxxx and Company.” Lilly’s ownership of such marks shall be identified on all materials on which they appear.
Lilly or its Affiliates shall exclusively own all Lilly Product Marks and shall be responsible for the procurement and maintenance of trademark registrations therefor and shall bear all expenses attributable thereto.
Any development of a Competitive Product using the Product, Lilly Know-How, Lilly Patents and/or Lilly Product Marks in the Field in the Territory requires Lilly’s approval and the Parties would discuss in good faith modifications, if any, to the Royalty and/or Milestones.
In the event that either Party becomes aware of (a) actual infringement of a Lilly Product Xxxx in the Territory; (b) a xxxx or name confusingly similar to a Lilly Product Xxxx in the Territory; or (c) any unfair trade practices, trade dress imitation, passing off, or like offenses in the Territory that relate to the Lilly Product Marks in the Territory, such Party shall promptly so notify the other Party in writing.
United Therapeutics shall use the Lilly Product Marks and Lilly Corporate Marks solely as permitted in Section 9.2 as provided in this ARTICLE 9.
The Party controlling such action shall take all reasonable and appropriate steps to protect, defend, and maintain the Lilly Product Marks for use by the Parties and shall have the right to control settlement of such action; provided, however, that no settlement shall be entered into without the written consent of the other Party, which consent shall not be unreasonably withheld.