Who has the right to control litigation involving the All Dogs Unleashed Marks?
All_Dogs_Unleashed Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b) Damage Waiver. Each of the parties EXPRESSLY WAIVE(S) ANY CLAIM FOR PUNITIVE, MULTIPLE AND/OR EXEMPLARY DAMAGES; except that this waiver and limitation does not apply with respect to (a) your obligation to indemnify us under any provision of this Agreement, or (b) any claims we bring against you and/or your guarantors and/or your owners for unauthorized use of the Marks, unauthorized use or disclosure of any Confidential Information, unfair competition, breach of your confidentiality or non-competition covenants under this Agreement, and/or any cause of action under the Lanham Act, and we are entitled to receive an award of multiple damages, attorneys' fees and all damages as provided by law.
- (c) Each of the parties EXPRESSLY AGREE(S) THAT IN THE EVENT OF ANY FINAL DETERMINATION, ADJUDICATION OR APPLICABLE ENACTMENT OF LAW THAT PUNITIVE, MULTIPLE AND/OR EXEMPLARY DAMAGES MAY NOT BE WAIVED, ANY RECOVERY BY ANY PARTY IN ANY ARBITRATION OR OTHER FORUM MUST NEVER EXCEED 2 TIMES ACTUAL DAMAGES, except that we may recover more than 2 times our actual damages if you commit acts of willful trademark infringement or otherwise violate the Lanham Act, as provided by law.
Source: Item 23 — RECEIPTS (FDD pages 49–158)
What This Means (2025 FDD)
According to the 2025 All Dogs Unleashed Franchise Disclosure Document, All Dogs Unleashed retains specific rights regarding litigation, particularly concerning the unauthorized use of its trademarks. The franchise agreement includes a waiver of punitive, multiple, or exemplary damages by both parties. However, this waiver does not apply to All Dogs Unleashed's right to seek such damages in cases involving the franchisee's unauthorized use of the All Dogs Unleashed Marks.
Specifically, All Dogs Unleashed can pursue claims against franchisees for unauthorized use of the Marks, unauthorized use or disclosure of confidential information, unfair competition, or breaches of confidentiality or non-competition agreements. In such cases, All Dogs Unleashed is entitled to receive awards of multiple damages, attorneys' fees, and all damages as provided by law, potentially exceeding the limitations on damages that apply in other disputes. This ensures that All Dogs Unleashed can vigorously protect its brand and proprietary information.
Furthermore, the franchise agreement specifies that even if punitive, multiple, or exemplary damages cannot be waived due to a final determination or applicable law, All Dogs Unleashed can still recover more than two times the actual damages if the franchisee commits acts of willful trademark infringement or otherwise violates the Lanham Act. This provision reinforces All Dogs Unleashed's ability to seek substantial remedies in cases of serious brand infringement. This is a fairly typical arrangement in franchising, as franchisors need to protect their intellectual property and brand standards.