Does 1-800-GOT-JUNK? know of any superior prior rights or infringing uses that could affect a franchisee's use of the Marks?
1_800_Got_Junk Franchise · 2025 FDDAnswer from 2025 FDD Document
There is no currently effective material determination of the U.S. Patent and Trademark Office, the Trademark Trial and Appeal Board, the trademark administrator of any state, or any court, and no pending infringement, opposition or cancellation proceeding or any pending material federal or state court litigation involving the trademarks, service marks, trade names, logotypes or other commercial symbols licensed to us. We do not know of any superior prior rights or infringing uses that could affect your use of the Marks.
Source: Item 13 — Trademarks (FDD pages 36–37)
What This Means (2025 FDD)
According to 1-800-GOT-JUNK?'s 2025 Franchise Disclosure Document, 1-800-GOT-JUNK? states that they do not know of any superior prior rights or infringing uses that could affect a franchisee's use of the Marks. However, the franchisee is required to notify 1-800-GOT-JUNK? immediately if they learn of a claim against their use of the trademarks. 1-800-GOT-JUNK? has the exclusive right to control any litigation or administrative proceeding involving the Marks licensed to the franchisee.
1-800-GOT-JUNK? is not obligated to defend the franchisee or take any legal action against others regarding claims related to the franchisee's use of the trademark. Additionally, 1-800-GOT-JUNK? will not indemnify the franchisee against claims of infringement or unfair competition arising out of their use of the Marks. This means that if a franchisee is sued for trademark infringement, they will be responsible for their own legal defense and any resulting damages.
1-800-GOT-JUNK? has the right to modify or discontinue use of the Marks, or adopt any additional or substitute marks, and the franchisee must comply with these instructions without compensation from 1-800-GOT-JUNK?. Upon termination of the Franchise Agreement, the franchisee must immediately cease all use of the Marks. Rubbish Boys has registered several trademarks related to 1-800-GOT-JUNK?, including "GOT JUNK?", "JUST POINT, AND JUNK DISAPPEARS", "WE MAKE JUNK DISAPPEAR", "ALL YOU HAVE TO DO IS POINT", and "GOODBYE JUNK. HELLO RELIEF."
These trademarks are registered on the Principal Register of the U.S. Patent and Trademark Office. Rubbish Boys has filed all required affidavits for these Marks and intends to renew the registrations as required by law. 1-800-GOT-JUNK? and Rubbish Boys have also established common law rights to the Marks through continuous, exclusive, and extensive use and advertising. Franchisees must use the names and Marks in full compliance with the Franchise Agreement and 1-800-GOT-JUNK?'s rules, and cannot use any name or Mark as part of any corporate name with any unauthorized modifications or in association with any unauthorized product or service.