factual

What action must an All County franchisee take if there is a challenge to the validity of the Marks?

All_County Franchise · 2025 FDD

Answer from 2025 FDD Document

  • 14.8. Infringement and Claims of Marks. You shall promptly notify us of any suspected unauthorized use of the Marks, any challenge to the validity of the Marks, or any challenge to our ownership of, our right to use and to license others to use, or your right to use, the Marks. You acknowledge that we have the sole right to direct and control any administrative proceeding or litigation involving the Marks, including any settlement thereof. We have the right, but not the obligation, to take action against uses by others that may constitute infringement of the Marks. We shall defend you against any third party claim, suit, or demand arising out of your use of the Marks. If we, in our sole business judgment, determine that you have used the Marks in accordance with this Agreement, the cost of such defense, including the cost of any judgment or settlement, shall be borne by us. If we, in our sole business judgment, determine that you have not used the Marks in accordance with this Agreement, the cost of such defense, including the cost of any judgment or settlement, shall be borne by you. In the event of any litigation relati

Source: Item 23 — Receipts (FDD pages 43–157)

What This Means (2025 FDD)

According to All County's 2025 Franchise Disclosure Document, if a franchisee suspects any unauthorized use of the All County Marks, any challenge to the validity of the Marks, or any challenge to All County's ownership of, right to use, and to license others to use, or the franchisee's right to use, the Marks, the franchisee must promptly notify All County.

All County retains the sole right to direct and control any administrative proceeding or litigation involving the Marks, including any settlement. All County has the right, but not the obligation, to take action against uses by others that may constitute infringement of the Marks.

All County will defend the franchisee against any third-party claim, suit, or demand arising out of the franchisee's use of the Marks, provided that All County determines that the franchisee has used the Marks in accordance with the Franchise Agreement. If All County determines that the franchisee has not used the Marks in accordance with the agreement, the cost of such defense, including the cost of any judgment or settlement, will be borne by the franchisee.

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.