factual

Are there any pending infringement proceedings involving the Marks for 1 800 Packouts?

1_800_Packouts Franchise · 2025 FDD

Answer from 2025 FDD Document

There are no currently effective material determinations of the USPTO, the Trademark Trial and Appeal Board, or any state trademark administrator or court, and no pending infringement, opposition, or

cancellation proceedings or material federal or state court litigation, involving the Marks. There are no agreements in effect which materially affect our rights to use or license the use of the Marks in a manner material to the franchise. We do not actually know of either superior rights or infringing uses that could materially affect your use of the Marks in any state. We have not renewed or filed any affidavits with respect to the Marks, because none of the Marks have been eligible for renewal or for the filing of affidavits of use.

Source: Item 13 — TRADEMARKS (FDD pages 44–45)

What This Means (2025 FDD)

According to 1 800 Packouts's 2025 Franchise Disclosure Document, there are no pending or currently effective material determinations or proceedings involving the Marks. Specifically, the FDD states that there are no currently effective material determinations of the USPTO, the Trademark Trial and Appeal Board, or any state trademark administrator or court, and no pending infringement, opposition, or cancellation proceedings or material federal or state court litigation, involving the Marks. Additionally, there are no agreements in effect which materially affect 1 800 Packouts's rights to use or license the use of the Marks in a manner material to the franchise. 1 800 Packouts does not know of either superior rights or infringing uses that could materially affect a franchisee's use of the Marks in any state.

This statement provides assurance to potential franchisees that 1 800 Packouts is not currently involved in any legal disputes regarding its trademarks. It also indicates that there are no existing agreements that could limit a franchisee's ability to use the Marks. This reduces the risk of legal challenges or restrictions on brand usage for the franchisee.

It is important to note that while 1 800 Packouts states they are unaware of any infringing uses that could materially affect a franchisee's use of the Marks, franchisees are still obligated to notify 1 800 Packouts of any apparent infringement or challenge to the use of any Mark. 1 800 Packouts has the right to take any action it deems appropriate, but is not required to take any action to protect the franchisee's right to use any of the Marks or to participate in the franchisee's defense and/or indemnify them for expenses or damages if they are a party to an administrative or judicial proceeding involving any of the Marks.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.