What action must an All County franchisee take if they notice an infringement on the All County trademark?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
You must notify us immediately of any apparent infringement or challenge to your use of any Mark we license to you under the Franchise Agreement, or of any claim by any person of any rights in any Mark, and we have sole business judgment to take the actions we deem appropriate and the right to control exclusively any litigation, PTO proceeding or any other administrative proceeding arising out of any infringement, challenge or claim or otherwise relating to any Mark. You must sign any and all instruments and documents, render assistance and do any acts as may be necessary or advisable to protect and maintain our interests in any litigation or PTO proceeding or other proceeding or otherwise to protect and maintain our interests in our Marks.
Source: Item 13 — Trademarks (FDD pages 28–30)
What This Means (2025 FDD)
According to All County's 2025 Franchise Disclosure Document, franchisees have a responsibility to protect the All County trademark. Specifically, if an All County franchisee becomes aware of any potential infringement or challenge to the use of the All County mark, they must immediately notify All County. This includes any claim by another party regarding rights to the All County mark.
All County retains sole discretion in determining the appropriate course of action, including initiating litigation or other administrative proceedings to protect the trademark. The franchisee is obligated to cooperate fully with All County in these efforts, which includes signing necessary documents and providing assistance as needed. This ensures that All County can effectively manage and protect its brand identity and legal rights.
This requirement is typical in franchising, as franchisors need to maintain consistent brand standards and protect their trademarks. By promptly reporting any potential infringement, All County franchisees play a crucial role in safeguarding the brand's integrity and preventing unauthorized use of the All County name and logo. Failure to report potential infringements could potentially lead to a breach of the franchise agreement.