To whom must an All County franchisee report any apparent infringement or challenge to the use of any All County mark?
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 must immediately notify All County of any apparent infringement or challenge to the use of any mark licensed to them under the Franchise Agreement. This includes any claim by any person of any rights in any mark. All County retains sole business judgment to take actions it deems appropriate and has the right to exclusively control any litigation, PTO proceeding, or any other administrative proceeding arising out of any infringement, challenge, or claim relating to any mark.
This means that if an All County franchisee becomes aware of someone potentially misusing the All County trademark or challenging its validity, they are obligated to inform All County immediately. The franchisee does not have the authority to independently address the issue. Instead, All County assumes control of the situation, deciding on the appropriate course of action, which may include litigation or other legal proceedings.
The franchisee is further obligated to sign any documents, provide assistance, and perform any acts necessary to protect All County's interests in any litigation, PTO proceeding, or other proceeding related to the marks. This places a responsibility on the franchisee to cooperate fully with All County in protecting its trademarks.
This is a fairly standard clause in franchise agreements, as franchisors typically want to maintain tight control over their brand and trademarks. By centralizing the response to any infringement or challenges, All County can ensure consistency and protect the overall value of its brand.