Common use of Licensed Articles Clause in Contracts

Licensed Articles. Licensor grants to Licensee an exclusive, non-transferable, non-assignable (except as set forth in Section 19) license to use the Licensed Trademarks solely on and/or in association with the manufacture, offering for sale, sale, marketing, advertising, promotion, shipment and distribution of: (i) shoes for infant sizes 0-6 and for toddler sizes 7-13; (ii) underwear (including but not limited to Onesies(R), Twosies(R), Longmates(R), training pants, undershirts, briefs, panties, vests, sacks, gowns, kimonos, union suits, diaper vests, one-piece underwear, fashion underwear, thermal underwear, newborn caps and booties; 2 (iii) sleepwear (including but not limited to blanket sleepers, growth sleepers, pajamas (footed and non-footed), sleep 'n play, pram suits, gowns, kimonos, sacks, 2-way sleepers and slippers); (iv) playwear (including but not limited to creepers, two-piece sets, three-piece sets, overalls, shortalls, coveralls, jumpers, dresses, shirts, sweaters, pants, sweat suits, mitts and headbands sold in conjunction with other Licensed Articles, coordinated separates, hats, booties and shorts); (v) bed and bath products, more specifically products typically used in a nursery to decorate or coordinate the nursery or bedding or to bathe a child (including but not limited to sheets, pillowcases, comforters, dust ruffles, blankets, diaper stackers, pillows, nursing pillows, throws, bumper pads, lap pads, changing table pads, mattress pads, headboard covers, quilts, room borders, wall hangings, window treatments, coordinated fabric by yard, canopies, toddler bedding, bedding sets, burpcloths, crib rail covers, duvet covers, wallpaper, towels, bath mitts, washcloths, robes and bath mats, but not including switchplates, night lights, bathtubs and nursery safety items); (vi) reusable cloth diapers and diapering apparel products (including but not limited to reusable cloth diapers, vinyl pants, diaper covers, diaper liners and swim diapers); (vii) bibs; (viii) hosiery (including but not limited to booties, socks, slipper socks, tights and leotards); (ix) swimwear (including but not limited to bathing suits, robes and cover-ups); and (x) gift sets and layettes incorporating one or more Licensed Articles; in each case, targeted to children, in sizes newborn to size 4T, except in the case of blanket sleepers, growth sleepers and pram suits, targeted to children newborn to age 14 ((i) through (ix) are collectively referred to herein as the "Licensed Articles"), as may be approved by Licensor pursuant to Section 7, solely within the Licensed Territory ("Licensed Rights"). In addition to the foregoing, the Licensed Articles shall include all products shipped by Licensee at any time during the two years immediately prior to the Closing Date which were targeted to children in the sizes indicated above.

Appears in 2 contracts

Sources: License Agreement (Gerber Childrenswear Inc), License Agreement (Gerber Childrenswear Inc)