Who has exclusive control over any settlement or proceeding concerning any 360 Painting Mark?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
y other person in contesting the validity or ownership of the Marks.
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.
We can require you to modify or discontinue the use of any Mark and to use other trademarks or service marks. We will not be required to reimburse you for modifying or discontinuing the use of a Mark or for substituting another trademark or service mark for a discontinued Mark.
Source: Item 13 — TRADEMARKS (FDD pages 39–41)
What This Means (2025 FDD)
According to 360 Painting's 2025 Franchise Disclosure Document, 360 Painting retains exclusive control over any settlement or proceeding concerning any of its Marks. This means that if there is any infringement, challenge, or claim related to the 360 Painting trademarks, the franchisee must immediately notify 360 Painting and cannot communicate with any other party besides their own counsel (at the franchisee's expense) without 360 Painting's permission, unless legally required to do so.
This provision is typical in franchising, as franchisors need to protect their brand's trademarks. 360 Painting has the right to take any action it deems appropriate in such situations. The franchisee is obligated to take actions that 360 Painting's counsel advises to protect 360 Painting's interests in the Marks.
While franchisees must alert 360 Painting to any potential trademark issues, they do not have the authority to independently resolve these issues. This ensures brand consistency and legal protection of the 360 Painting brand. Franchisees are also required to notify 360 Painting if they apply for their own trademark or service mark registrations and cannot register anything confusingly similar to 360 Painting's Marks.