Who has the right to direct and control any legal proceedings involving the All Dogs Unleashed trademarks?
All_Dogs_Unleashed Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 13 — TRADEMARKS (FDD pages 27–28)
What This Means (2025 FDD)
According to All Dogs Unleashed's 2025 Franchise Disclosure Document, All Dogs Unleashed retains the right to direct and control any administrative or legal proceedings related to its trademarks or copyrighted works. This includes the right to manage litigation and settlements.
For a prospective franchisee, this means that All Dogs Unleashed maintains ultimate authority over the handling of any legal issues concerning the brand's trademarks. While franchisees are required to notify All Dogs Unleashed of any potential infringement or challenges to the trademarks, they do not have the power to independently pursue legal action. All Dogs Unleashed will determine the appropriate course of action.
Furthermore, if a lawsuit arises due to a franchisee's use of the trademarks, the franchisee is obligated to sign necessary documents and assist in the defense or prosecution as directed by All Dogs Unleashed. Unless the lawsuit is a result of the franchisee using the trademarks inappropriately, All Dogs Unleashed will cover the associated costs. This arrangement is typical in franchising, as it allows the franchisor to protect the brand's intellectual property consistently across all franchise locations.