With whom is an All States M.E.D. franchisee permitted to communicate regarding trademark infringements or claims?
All_States_M_E_D Franchise · 2024 FDDAnswer from 2024 FDD Document
You must immediately notify us in writing when you learn about any claim of infringement, unfair competition, or similar claims about the Marks. You must not communicate with any person other than us and our counsel regarding any infringements, challenges or claims unless you are legally required to do so. However, you may communicate with your own counsel at your own expense.
Source: Item 13 — TRADEMARKS (FDD pages 29–30)
What This Means (2024 FDD)
According to All States M.E.D.'s 2024 Franchise Disclosure Document, franchisees are primarily directed to communicate directly with All States M.E.D. and their counsel regarding any trademark infringements, challenges, or claims. This means that if a franchisee becomes aware of a potential infringement or claim related to the All States M.E.D. trademarks, they are required to notify All States M.E.D. in writing.
The FDD strictly limits the franchisee's ability to discuss these matters with outside parties. The only exception to this rule is that franchisees are permitted to communicate with their own legal counsel, at their own expense, to seek advice on the matter. This ensures that All States M.E.D. maintains control over the handling of trademark-related legal issues and can present a unified legal strategy.
This requirement is typical in franchising, as franchisors need to protect their brand's trademarks consistently. By centralizing communication and control, All States M.E.D. aims to ensure that any legal actions taken are in the best interest of the entire franchise system and align with their overall brand protection strategy. Franchisees must adhere to this policy to avoid breaching their franchise agreement and potentially infringing on All States M.E.D.'s trademark rights.