Common use of Avoidance of Confusion Clause in Contracts

Avoidance of Confusion. Neither GENTA or AVENTIS, nor any of their AFFILIATES, shall market, promote, sell and/or distribute in the United States, or authorize or permit another to market, promote, sell and/or distribute in the United States, any product other than PRODUCT under the PRODUCT TRADEMARK or any confusingly similar trademark. AVENTIS and its AFFILIATES shall not, directly or indirectly, contest the validity of or GENTA's rights in the PRODUCT TRADEMARK in the United States, or the GENTA HOUSEMARK(S) anywhere in the TERRITORY, or assist any THIRD PARTY in doing so. GENTA and its AFFILIATES shall not, directly or indirectly, contest the validity of or AVENTIS' rights in the AVENTIS HOUSEMARK(S) anywhere in the TERRITORY, or assist any THIRD PARTY in doing so. In the event that actual confusion should arise, or either Party reasonably believes that a likelihood of confusion may arise, in connection with the Parties' respective uses of the PRODUCT TRADEMARK in the United States, or of the AVENTIS HOUSEMARK(S) or GENTA HOUSEMARK(S) anywhere in the TERRITORY, the Parties will fully cooperate in an effort to eliminate such confusion and to avoid the possibility of such a likelihood of confusion.