What is a franchisee of All Dogs Unleashed required to do if there is a challenge to the validity of the trademarks?
All_Dogs_Unleashed Franchise · 2025 FDDAnswer from 2025 FDD Document
rt of any unauthorized email address.
You must promptly notify us of any suspected unauthorized use of, or any challenge to the validity of the Marks or Copyrighted Works (defined in Item 14 below), or any challenge to our ownership of, or license to use and to license others to use, or your right to use, the Marks or Copyrighted Works. We are not required to take affirmative action when notified of a claim, or to participate in your defense or indemnify you for expenses or damages if you are a party to an administrative or judicial proceeding involving any of the Marks, or if the proceeding is resolved unfavorably to you, but will take whatever action we determine to be appropriate under the circumstances. We have the right to direct and control any administrative proceeding or litigation, or other adjudicative proceeding involving the Marks or Copyrighted Works, including any settlement of the proceeding. In the event of a lawsuit relating to your use of the Marks or Copyrighted Works, you must sign all documents that we require and do all things that we consider necessary to carry out the defense or prosecution, which may include becoming a nominal party to the action. Unless the action is the result of your use of the Marks or Copyright Works in a manner inconsistent with the terms of the Franchise Agreement, we will reimburse you for your associated costs.
We have the right to create new, modified or replacement Marks, and to require you to use them in addition to or in lieu of any previously designated Marks. You must comply with the directive, at your expense, within 60 days following your receipt of written notice of the change.
Source: Item 13 — TRADEMARKS (FDD pages 27–28)
What This Means (2025 FDD)
According to All Dogs Unleashed's 2025 Franchise Disclosure Document, franchisees have specific obligations regarding the brand's trademarks. If a franchisee suspects any unauthorized use of, or any challenge to the validity of the trademarks or copyrighted works, or any challenge to All Dogs Unleashed's ownership of, or license to use and to license others to use, or the franchisee's right to use, the trademarks or copyrighted works, they must promptly notify All Dogs Unleashed. This ensures that the franchisor is aware of any potential threats to their brand and can take appropriate action.
All Dogs Unleashed is not required to take affirmative action upon notification of a claim, or to participate in the franchisee's defense or indemnify them for expenses or damages if the franchisee is party to an administrative or judicial proceeding involving any of the trademarks, or if the proceeding is resolved unfavorably to the franchisee. However, All Dogs Unleashed will take whatever action they determine to be appropriate under the circumstances and has the right to direct and control any administrative proceeding or litigation, or other adjudicative proceeding involving the trademarks or copyrighted works, including any settlement of the proceeding. In the event of a lawsuit relating to the franchisee's use of the trademarks or copyrighted works, the franchisee must sign all documents that All Dogs Unleashed requires and do all things that All Dogs Unleashed considers necessary to carry out the defense or prosecution, which may include becoming a nominal party to the action.
Unless the action is the result of the franchisee's use of the trademarks or copyright works in a manner inconsistent with the terms of the Franchise Agreement, All Dogs Unleashed will reimburse the franchisee for their associated costs. This clause provides some financial protection to the franchisee if they are involved in legal proceedings related to trademark use, provided they have adhered to the franchise agreement. Franchisees are also prohibited from contesting the ownership or validity of the trademarks. They must also sign all documents that All Dogs Unleashed requires in order to protect the Marks and to maintain their validity and enforceability.