Common use of Adverse Use Clause in Contracts

Adverse Use. Each Party shall notify the other Party of any adverse use by a Third Party of the other Party's Licensed Marks or of a ▇▇▇▇ or name confusingly similar to the other's Licensed Marks and agrees to take no action with respect thereto except with the other's prior written authorization. The Party that owns any infringed Licensed Marks may thereupon take such action as it in its sole discretion deems advisable for [*]=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 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. the protection of its rights in and to its Licensed Marks, including allowing the licensed Party to bring and prosecute a claim against such Third Party at the licensed Party's expense. Each Party further agrees to provide full cooperation with any legal or equitable action by the other Party to protect the other's rights, title and interest in its Licensed Marks.

Appears in 2 contracts

Sources: Collaborative License Agreement (Dendreon Corp), Collaborative License Agreement (Dendreon Corp)