Are there any currently pending infringement proceedings involving the Anago Proprietary Marks?

According to Anago's 2025 Franchise Disclosure Document, there are no currently pending infringement, opposition, or cancellation proceedings related to its Proprietary Marks. Additionally, there is no currently pending material litigation involving these marks. This indicates that Anago is not currently involved in any legal disputes concerning its trademarks. The "Proprietary Marks" include the registered marks and all other trademarks, service marks, trade names, logos, and commercial symbols owned or licensed by ACS or Anago. ACS owns the Proprietary Marks and licenses Anago to use and sublicense them.

This absence of pending legal action is a positive sign for prospective franchisees. It suggests that Anago's trademarks are secure and not subject to legal challenges that could disrupt the business. However, the FDD also notes that ACS's assertion of common law rights to Proprietary Marks does not prohibit others from using the Proprietary Marks or confusingly similar variations of the Proprietary Marks who may have established prior rights to the use of the Proprietary Marks, or confusingly similar variations of the Proprietary Marks, in the territories where neither Anago nor its franchisees have operated or advertised under the Proprietary Marks and that are not within the natural zone of expansion for future franchised or company-owned units, provided others do so in good faith and without actual knowledge of Anago's existence or its franchisees' use of the Proprietary Marks. ACS would therefore be unable to prohibit the use of the Proprietary Marks by others who had prior use of the Proprietary Marks or confusingly similar variations of the Proprietary Marks at the time ACS first used them. If others establish prior rights to the Proprietary Marks in certain territories, Anago may be restricted in its ability to use the Proprietary Marks when expanding into those territories.

Anago also outlines the franchisee's responsibilities in case of any infringement claims. Franchisees must promptly notify Anago of any claims of infringement or challenges to the use of Proprietary Property. Anago retains sole discretion over any legal action regarding infringement and the franchisee must assist in protecting Anago's interests. Anago will indemnify the franchisee against damages from proceedings involving the use of Proprietary Property, provided the franchisee has notified Anago of the claim, complied with the Subfranchise Rights Agreement, and allowed Anago sole control of the defense and settlement of any claim.

Overall, while there are no current legal issues, prospective franchisees should be aware of the potential for future disputes and understand their obligations and Anago's rights regarding the Proprietary Marks. Franchisees should also be aware that Anago may modify or discontinue the use of any Proprietary Mark at its sole discretion, and franchisees are obligated to comply with such changes at their own expense.