Waltzing T Bear (“WTB”) owns trademark rights for the necktie t-shirt design (the “Shirt Tie Design”) and owns registered trademark U.S. Reg. No. 2746427 for the Shirt Tie Design (collectively, the “Trademark”). The registered trademark consists of the tie design itself, regardless of any decorative or ornamental material appearing on or in connection with said design.
WTB has established conditions, which includes a license fee, to permit you and others to use this Trademark. WTB has licensed to licensee’s the non-exclusive right to manufacture and sell shirts featuring, bearing, or comprised of the Trademark. WTB represents and warrants that it owns all right, title, and interest in and to the Trademark, and owns the exclusive right to license rights therein. Licensee’s have acknowledged WTB’s exclusive rights in the Trademark and the Shirt Tie Design, and acknowledge that the Trademark and the Shirt Tie Design are unique and original to WTB and that WTB is the owner thereof.
WTB has exclusive right and title to the Trademark and actions, which would impair or otherwise negatively affect Licensor’s ownership of, or the validity of any rights in the Shirt Tie Design or the Trademark, including without limitation any and all WTB copyrights, design rights, and associated trade dress rights. Use of the WTB registered trademark design is strictly prohibited in the absence of a written license or other agreement. Unauthorized use of a confusingly similar tie design misleads consumers and may constitute a trademark infringement under the law and accordingly such actions are specifically recluded under Sections 32 and 43 of the Lanham Trademark Act of 1946 (as amended), the source of Federal Trademark Law.
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