What action must an All Team franchisee take if they notice an infringement on the All Team trademark?
All_Team Franchise · 2025 FDDAnswer from 2025 FDD Document
You must notify us immediately of any apparent infringement or challenge to your use of any Mark, or any claim by any person of any rights in any Mark. We will have the sole discretion to take such action as it deems appropriate and the right to exclusively control any litigation or administrative proceedings arising out of such infringement, challenge or claim. You must execute any and all instruments and documents, provide such assistance, and take any action that may be necessary or advisable to protect and maintain our interest in any litigation or other proceeding or otherwise to protect and maintain our interest in the Marks. The Franchise Agreement does not require us to participate in your defense and/or indemnify you for expenses or damages if you are a party to an administrative or judicial proceeding involving a Mark or if the proceeding is resolved unfavorably to you.
If we decide to modify or discontinue the use of the Marks and/or to use one or more additional or substitute names or marks, you will be obligated to do so at your own expense and without claim against us. You will need to comply within a reasonable time of the request.
Source: Item 13 — TRADEMARKS (FDD pages 26–27)
What This Means (2025 FDD)
According to All Team's 2025 Franchise Disclosure Document, franchisees are required to immediately notify All Team of any apparent infringement or challenge to the use of any All Team mark, or any claim by any person of any rights in any All Team mark. This is a standard clause in franchise agreements, as franchisors need to protect their trademarks.
All Team retains sole discretion to take action it deems appropriate regarding the infringement, challenge, or claim, including the right to exclusively control any litigation or administrative proceedings. The franchisee must execute all necessary documents, provide assistance, and take any action to protect and maintain All Team's interest in any litigation or other proceeding related to protecting and maintaining their interest in the marks.
It is important to note that the Franchise Agreement does not require All Team to participate in the franchisee's defense or indemnify them for expenses or damages if the franchisee is involved in an administrative or judicial proceeding involving a mark, or if the proceeding is resolved unfavorably to the franchisee. This means that franchisees could potentially incur legal costs if they are targeted in a trademark dispute, even if it relates to the All Team brand.
All Team also has the right to modify or discontinue the use of the Marks and/or to use one or more additional or substitute names or marks. If this happens, the franchisee will be obligated to comply at their own expense and without claim against All Team within a reasonable time of the request.