Common use of Design Rights Clause in Contracts

Design Rights. The Licensee acknowledges and agrees that CKI owns or shall own all design rights, regardless of whether such designs were created by CKI or by or on behalf of the Licensee, except with respect to Excluded Designs. The Licensee agrees to make, procure and execute all assignments necessary to vest ownership of design rights in CKI. The Licensee shall not do or allow to be done anything which may adversely affect any of CKI’s design rights. All designs used by the Licensee for the Licensed Products, except with respect to Excluded Designs, shall be used exclusively for the Licensed Products and may not be used under any other mark, xxether during the License Period or any time thereafter, without the prior written consent of CKI. The Licensee shall disclose and freely make available to CKI any and all developments or improvements it may make relating to the Licensed Products and to their manufacture, promotion and sales, including, without limitation, developments and improvements in any machine, process or product design, that may be disclosed or suggested by CKI or regarding any patent or trademark which the Licensee is entitled to utilize. ‘‘Excluded Design’’ means a design (i) submitted by the Licensee and not approved by CKI; (ii) not distinguishable from similar generic products generally available in the marketplace; or (iii) not distinguishable from a product which has previously appeared in the Licensee’s product line and the Licensee advised CKI of such condition at the time of submission. In the event of clause (i) or (iii) above, the Licensee shall retain title to such designs but shall permit CKI to use such designs during the Term o f this License Agreement. CKI may use and permit others to use said designs and other materials in any manner it desires, provided that such use does not conflict with any rights granted the Licensee hereunder or belonging to Licensee. The Licensee specifically acknowledges that such designs and other materials may be used by CKI and its Affiliates and other licensees of CKI and its Affiliates on Licensed Products in jurisdictions outside the Territory and on products other than Licensed Products anywhere in the world, subject to the limitations described herein. Notwithstanding the foregoing, CKI shall not acquire any ownership interests in any patents, trademarks or copyright rights owned or commissioned by Licensee and utilized for products other than Licensed Products, but utilized as well in connection with the Licensed Products.

Design Rights. The Licensee acknowledges and agrees that CKI owns or shall own all design rights, regardless of whether such designs were created by CKI or by or on behalf of the Licensee, except with respect to Excluded Designs. The Licensee agrees to make, procure and execute all assignments necessary to vest ownership of design rights in CKI. The Licensee shall not do or allow to be done anything which may adversely affect any of CKI’s 's design rights. All designs used by the Licensee for the Licensed Products, except with respect to Excluded Designs, shall be used exclusively for the Licensed Products and may not be used under any other mark, xxether during the License Period or any time thereafter, without the prior written consent of CKI. The Licensee shall disclose and freely make available to CKI any and all developments or improvements it may make relating to the Licensed Products and to their manufacture, promotion and sales, including, without limitation, developments and improvements in any machine, process or product design, that may be disclosed or suggested by CKI or regarding any patent or trademark which the Licensee is entitled to utilize. ‘‘"Excluded Design’’ " means a design (i) submitted by the Licensee and not approved by CKI; (ii) not distinguishable from similar generic products generally available in the marketplace; or (iii) not distinguishable from a product which has previously appeared in the Licensee’s 's product line and the Licensee advised CKI of such condition at the time of submission. In the event of clause (i) or (iii) above, the Licensee shall retain title to such designs but shall permit CKI to use such designs during the Term o f of this License Agreement. CKI may use and permit others to use said designs and other materials in any manner it desires, provided that such use does not conflict with any rights granted the Licensee hereunder or belonging to Licensee. The Licensee specifically acknowledges that such designs and other materials may be used by CKI and its Affiliates and other licensees of CKI and its Affiliates on Licensed Products in jurisdictions outside the Territory and on products other than Licensed Products anywhere in the world, subject to the limitations described herein. Notwithstanding the foregoing, CKI shall not acquire any ownership interests in any patents, trademarks or copyright rights owned or commissioned by Licensee and utilized for products multiple or other than Licensed Products, but utilized as well in connection with the Licensed Products.

Design Rights. The Licensee acknowledges and agrees that CKI owns or shall own all design rights, regardless of whether such designs were created by CKI or by or on behalf of the Licensee, except with respect to Excluded Designs. The Licensee agrees to make, procure and execute all assignments necessary to vest ownership of design rights in CKI. The Licensee shall not do or allow to be done anything which may adversely affect any of CKI’s design rights. All designs used by the Licensee for the Licensed Products, except with respect to Excluded Designs, shall be used exclusively for the Licensed Products and may not be used under any other markmxxx, xxether whether during the License Period or any time thereafter, without the prior written consent of CKI. The Licensee shall disclose and freely make available to CKI any and all developments or improvements it may make relating to the Licensed Products and to their manufacture, promotion and sales, including, without limitation, developments and improvements in any machine, process or product design, that may be disclosed or suggested by CKI or regarding any patent or trademark which the Licensee is entitled to utilize. ‘‘“Excluded Design’’ ” means a design (i) submitted by the Licensee and (i) not approved by CKI; or (ii) approved by CKI but not distinguishable from similar generic products generally available in the marketplace; or (iii) approved by CKI but not distinguishable from a product which has previously appeared appeared, or is to substantially simultaneously appear, in the Licensee’s product line and the Licensee advised CKI of such condition in writing at the time of submission. In the event of clause (i) or (iii) above, the Licensee shall retain title (only if and to the extent Licensee had title prior to use under the Agreement) to such designs but shall permit CKI to use such designs during the Term o f this License Agreementin perpetuity. CKI may use and permit others to use said designs (other than Excluded Designs) and other materials in any manner it desires, provided that such use does not conflict with any rights granted the Licensee hereunder or belonging to Licenseehereunder. The Licensee specifically acknowledges that such designs (other than Excluded Designs) and other materials may be used by CKI and its Affiliates and other licensees of CKI and its Affiliates on Licensed Products in jurisdictions outside the Territory and on products other than Licensed Products anywhere in the world, subject world with respect to the limitations described hereinmerchandise and as to its reserved rights during the term, and thereafter without reservation. Notwithstanding the foregoing, CKI shall not acquire any ownership interests in any patents, trademarks or copyright rights patents owned or commissioned by Licensee and utilized for multiple generic or other products (other than Licensed Products), but utilized as well in connection with the Licensed Products. No copyrightable/patentable designs of licensed products developed or sold under Predecessor Licensee’s license may be reproduced unless Licensee negotiates (at its expense) the purchase of such Designs from Predecessor Licensee.

Design Rights. The Licensee acknowledges and agrees that CKI owns or shall own all design rights, regardless of whether such designs were created by CKI or by or on behalf of the Licensee, except with respect to Excluded Designs. The Licensee agrees to make, procure and execute all assignments necessary to vest ownership of design rights in CKI. The Licensee shall not do or allow to be done anything which may adversely affect any of CKI’s design rights. All designs used by the Licensee for the Licensed Products, except with respect to Excluded Designs, shall be used exclusively for the Licensed Products and may not be used under any other mark, xxether during the License Period or any time thereafter, without the prior written consent of CKI. The Licensee shall disclose and freely make available to CKI any and all developments or improvements it may make relating to the Licensed Products and to their manufacture, promotion and sales, including, without limitation, developments and improvements in any machine, process or product design, that may be disclosed or suggested by CKI or regarding any patent or trademark which the Licensee is entitled to utilize. ‘‘Excluded Design’’ means a design (i) submitted by the Licensee and not approved by CKI; (ii) not distinguishable from similar generic products generally available in the marketplace; or (iii) not distinguishable from a product which has previously appeared in the Licensee’s product line and the Licensee advised CKI of such condition at the time of submission. In the event of clause (i) or (iii) above, the Licensee shall retain title to such designs but shall permit CKI to use such designs during the Term o f of this License Agreement. CKI may use and permit others to use said designs and other materials in any manner it desires, provided that such use does not conflict with any rights granted the Licensee hereunder or belonging to Licensee. The Licensee specifically acknowledges that such designs and other materials may be used by CKI and its Affiliates and other licensees of CKI and its Affiliates on Licensed Products in jurisdictions outside the Territory and on products other than Licensed Products anywhere in the world, subject to the limitations described herein. Notwithstanding the foregoing, CKI shall not acquire any ownership interests in any patents, trademarks or copyright rights owned or commissioned by Licensee and utilized for products multiple or other than Licensed Products, but utilized as well in connection with the Licensed Products.