Are there any pending infringement proceedings involving the All Team Marks?
All_Team Franchise · 2025 FDDAnswer from 2025 FDD Document
There are currently no effective material determinations of the Patent and Trademark Office, the Trademark Trial and Appeal Board, the trademark administrator of this state or any court, and no pending infringement, opposition or cancellation proceedings, and no pending material litigation involving the Marks. There are no agreements currently in effect which significantly limit our rights to use or license the use of the Marks in any manner material to the trademark.
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. We do not actually know of either superior prior rights or infringing uses that could materially affect a franchisee's use of the Marks in any state.
Source: Item 13 — TRADEMARKS (FDD pages 26–27)
What This Means (2025 FDD)
According to All Team's 2025 Franchise Disclosure Document, there are no pending infringement, opposition, or cancellation proceedings, or any pending material litigation involving the All Team Marks. The FDD also states that there are no effective material determinations of the Patent and Trademark Office, the Trademark Trial and Appeal Board, or the trademark administrator of any state or court regarding the marks. Additionally, there are no agreements that significantly limit All Team's rights to use or license the use of the marks in any manner material to the trademark.
All Team requires franchisees to notify them immediately of any apparent infringement or challenge to the use of any Mark, or any claim by any person of any rights in any Mark. All Team retains the sole discretion to take action it deems appropriate and has the right to exclusively control any litigation or administrative proceedings arising out of such infringement, challenge, or claim. Franchisees must execute documents, provide assistance, and take action to protect and maintain All Team's interest in any litigation or other proceeding related to the Marks. However, 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.
All Team also states that they do not know of either superior prior rights or infringing uses that could materially affect a franchisee's use of the Marks in any state. However, if All Team decides to modify or discontinue the use of the Marks, franchisees will be obligated to comply at their own expense and without claim against All Team. This includes using additional or substitute names or marks within a reasonable time of the request.