What actions must a 360 Painting franchisee take if there is an apparent infringement of a Mark?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
You must immediately notify us of any apparent infringement of, or challenge to your use of, any Mark, or any claim by any person of any rights in any Marks, and you may not communicate with any person other than us and our counsel regarding any infringements, challenges or claims unless you are legally required to do so; however, you may communicate with your own counsel at your own expense. We may take whatever action we deem appropriate in these situations, and we have exclusive control over any settlement or proceeding concerning any Mark. You must take any actions that, in the opinion of our counsel, may be advisable to protect and maintain our interests in any proceeding or to otherwise protect and maintain our interests in the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 39–41)
What This Means (2025 FDD)
According to 360 Painting's 2025 Franchise Disclosure Document, if a franchisee notices any potential infringement or challenges to the use of 360 Painting's trademarks, they must immediately inform 360 Painting. The franchisee is restricted from communicating with any other party regarding these infringements, challenges, or claims, except for their own counsel, and even that is at the franchisee's own expense. 360 Painting retains exclusive control over any settlements or legal proceedings related to their trademarks.
Furthermore, the 360 Painting franchisee is obligated to take any actions deemed necessary by 360 Painting's counsel to protect and maintain 360 Painting's interests in any related proceedings or to otherwise safeguard the trademarks. This means the franchisee must fully cooperate with 360 Painting in any legal matters pertaining to the trademarks.
This requirement ensures that 360 Painting maintains consistent control over its brand and legal strategy. It prevents franchisees from taking actions that could potentially harm the brand's image or create legal complications. While franchisees bear the initial responsibility of reporting potential infringements, 360 Painting assumes the responsibility of managing the legal aspects of trademark protection.