Does All Dogs Unleashed require franchisees to notify them of any challenges to their license to use 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.
ITEM 14 PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION
There are no patents or registered copyrights material to the franchise. However, we claim copyright protection in the Manual, the design elements of our Marks, our Facility design, our training methods and techniques, our advertising and promotional materials, and the content and design of our website (the "Copyrighted Works").
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 a responsibility to inform All Dogs Unleashed about any potential issues related to the trademarks. Specifically, this includes promptly reporting any suspected unauthorized use of the trademarks, any challenges to the validity of the trademarks or copyrighted works, or any challenges to All Dogs Unleashed's ownership of, or license to use, the trademarks or copyrighted works, or the franchisee's right to use them. This requirement ensures that All Dogs Unleashed can take appropriate action to protect its brand and intellectual property.
All Dogs Unleashed retains the discretion to decide what action, if any, it will take upon receiving such notification from a franchisee. While All Dogs Unleashed is not obligated to take affirmative action, participate in the franchisee's defense, or indemnify the franchisee for expenses or damages if the franchisee is involved in legal proceedings concerning the trademarks, All Dogs Unleashed reserves the right to take any action it deems appropriate. Furthermore, All Dogs Unleashed has the right to control any administrative or legal proceedings related to the trademarks, including settlements.
If a lawsuit arises from the franchisee's use of the trademarks or copyrighted works, the franchisee is obligated to sign necessary documents and assist in the defense or prosecution of the case. Unless the lawsuit is a result of the franchisee's misuse of the trademarks, All Dogs Unleashed will cover the associated costs. This clause underscores the importance of franchisees adhering to the prescribed usage guidelines for the trademarks to avoid potential legal issues and financial responsibility. Franchisees cannot contest the ownership or validity of the marks.
All Dogs Unleashed also has the right to modify or replace existing trademarks, and franchisees must comply with these changes within 60 days of receiving written notice, bearing the expense of implementing the changes. This provision highlights the potential for franchisees to incur costs related to rebranding or updating their business to align with All Dogs Unleashed's evolving brand strategy.