Who has the right to control any litigation or administrative proceeding with respect to the Amorino Proprietary Marks?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
You must immediately notify us of any infringement of or challenge to your use of any Proprietary Mark. We will have sole discretion to take whatever action we deem appropriate to protect the Proprietary Marks. Under the Franchise Agreement, we have the right to control any litigation or administrative proceeding with respect to the Proprietary Marks. We will indemnify and defend you against claims arising from your authorized use of the Proprietary Marks.
You must notify us of the use of, or claims of rights to, a trademark identical to or confusingly similar to any of the Proprietary Marks licensed to you.
If we decide that you should modify or discontinue your use of any Proprietary Mark and/or use one or more additional or substitute Proprietary Marks, you must comply with this decision. We are not obligated by the franchise agreement or otherwise to protect any or all rights that you have to use our Proprietary Marks or to protect you against claims of infringements or unfair competition arising out of your use of the Proprietary Marks.
Source: Item 13 — TRADEMARKS (FDD pages 50–52)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, Amorino retains sole discretion to take action to protect its Proprietary Marks. Specifically, under the Franchise Agreement, Amorino has the right to control any litigation or administrative proceeding with respect to the Proprietary Marks. This means that if there is any legal action related to the trademarks, Amorino, not the franchisee, will direct the legal strategy and make decisions.
This is a common arrangement in franchising, as the franchisor needs to protect its brand and trademarks consistently across all locations. It also means that Amorino will indemnify and defend the franchisee against claims arising from the franchisee's authorized use of the Proprietary Marks. Therefore, if a claim arises from the franchisee's authorized use of Amorino's trademarks, Amorino is responsible for defending the franchisee against such claims.
As an Amorino franchisee, you are required to immediately notify Amorino of any infringement or challenge to your use of any Proprietary Mark. You must also notify Amorino of any use of, or claims of rights to, a trademark identical or confusingly similar to any of the Proprietary Marks licensed to you. This ensures that Amorino is aware of any potential issues and can take appropriate action to protect its trademarks. If Amorino decides that you should modify or discontinue your use of any Proprietary Mark, you must comply with this decision.