Who has the right to direct and control litigation involving the All Dogs Unleashed Marks?
All_Dogs_Unleashed Franchise · 2025 FDDAnswer from 2025 FDD Document
BACKGROUND
- A.
ADU FRANCHISE LIMITED LIABILITY COMPANY or its affiliates, and their successors or assigns ("Franchisor") franchises the operation of a dog-training business ("Facility") under the name ALL DOGS UNLEASHED and/or other trademarks, service marks, logos, and other indicia of origin prescribed by Franchisor (collectively, the "Marks").
BACKGROUND
- A. We and our affiliates, as the result of the expenditure of time, skill, effort and money, own and continue to develop a franchise system (the "System") involving the establishment and operation of franchised facilities (each, a "Facility"), that offer one-stop dog shop specializing in dog training, daycare, boarding, and grooming.
- C. We identify the System by means of certain trade names, service marks, trademarks, logos, emblems and indicia of origin, including, but not limited to, the mark ALL DOGS UNLEASHED*®* and the All Dogs Unleashed® logo, and/or any other different and/or additional trade names, trademarks, and service marks as we now designate and later designate in writing for use in the System (the "Marks").
Without limiting the above rights, we have the right to develop, administer and operate, whether directly or through an affiliate or licensee, digital platforms and digital products offering ALL DOGS UNLEASHED® products (including equipment and merchandise) and services to customers and end users regardless of whether they are located in your Development Area. Additionally, we (including through our affiliates and designees) have the right to sell ALL DOGS UNLEASHED® merchandise and equipment through any outlet and from any location without restriction and we have the right to promote, offer, sell and provide ALL DOGS UNLEASHED® services through mobile applications and other platforms; without restriction, including in the Development Area.
If you, your employees, or Owners develop any new concept, process or improvement relative to the operation or promotion of an ALL DOGS UNLEASHED business (an "Improvement"), you agree to promptly notify Franchisor and provide Franchisor with all necessary related information, without compensation.
Any such Improvement shall become Franchisor's sole property and Franchisor shall be the sole owner of all related patents, patent applications, and other intellectual property rights.
You and your Owners agree to assist Franchisor in obtaining and enforcing the intellectual property rights to any such Improvement in any and all countries and further agree to execute and provide Franchisor with all necessary documentation for obtaining and enforcing such rights.
You and your Owners hereby irrevocably designate and appoint Franchisor as agent and attorney-in-fact for you and for them to execute and file any such documentation and to do all other lawful acts to further the prosecution and issuance of patents or other intellectual property right related to any such Improvement.
Source: Item 23 — RECEIPTS (FDD pages 49–158)
What This Means (2025 FDD)
According to the 2025 All Dogs Unleashed Franchise Disclosure Document, ADU Franchise Limited Liability Company or its affiliates, and their successors or assigns, also known as "Franchisor," franchises the operation of a dog-training business under the name All Dogs Unleashed and related trademarks. The franchisor owns and continues to develop the franchise system involving the establishment and operation of franchised facilities. They identify the system using trade names, service marks, trademarks, logos, emblems, and indicia of origin, including the mark All Dogs Unleashed.
All Dogs Unleashed retains the right to develop, administer, and operate digital platforms and products offering All Dogs Unleashed products and services. They can also sell merchandise and equipment through any outlet without restriction and promote services through mobile applications and other platforms.
If a franchisee develops any new concept, process, or improvement related to the operation of an All Dogs Unleashed business, they must notify the franchisor. Any such improvement becomes the franchisor's sole property, including all related intellectual property rights. The franchisee agrees to assist the franchisor in obtaining and enforcing these intellectual property rights. This includes the right to modify the improvement. The franchisor is designated as the agent and attorney-in-fact for the franchisee to execute and file necessary documentation for obtaining and enforcing such rights.