What action must an Apricot Lane franchisee take if there is an infringement of the Marks?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
pt as directed by COUNTRY VISIONS.
You must promptly notify COUNTRY VISIONS of any infringement of or challenge to your use of the Marks. You must also notify us of any action, claim or demand against you relating to the Marks within 10 days after you receive notice of it. Upon receiving notice from you, COUNTRY VISIONS will take the action we think is appropriate and has the right to control exclusively any litigation, USPTO proceeding or any other administrative proceeding arising from any infringement, challenge or claim or otherwise relating to the Marks. If we initiate an action, we will bear all expenses of the proceedings. If
we undertake any defense or prosecution of any litigation relating to the Marks or parts of the System, you agree to cooperate with COUNTRY VISIONS, sign any and all documents and take all actions as may be desirable or necessary in the opinion of our counsel to assist us. However, we are not obligated under any agreement to protect or defend your use of the Marks or to indemnify you for damages if you are a party to any administrative or judicial proceeding involving the Marks.
You may use the Marks only as permitted by the Franchise Agreement and in accordance with our guidelines. Any goodwill established by your use of the Marks belongs to COUNTRY VISIONS. You may not contest the validity or ownership of the Marks or assist another in contesting the Marks at any time during or following the term of the franchise.
You may not use any Mark as part of your corporate name, or in any modified form or in the sale of any unauthorized product or service, or in any manner not authorized in writing by COUNTRY VISIONS. You shall give notices of trademark and service mark registrations as specified by COUNTRY VISIONS and obtain fictitious or assumed name registrations required under applicable law.
ITEM 14 PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION
We own no patents material to the franchise.
Source: Item 13 — TRADEMARKS (FDD pages 32–33)
What This Means (2025 FDD)
According to Apricot Lane's 2025 Franchise Disclosure Document, a franchisee must promptly notify Country Visions (the franchisor) of any infringement or challenge to the use of the Marks. Additionally, the franchisee is required to inform Country Visions of any action, claim, or demand against them relating to the Marks within 10 days of receiving notice.
Upon receiving notice from the franchisee, Country Visions will decide what action it deems appropriate and has the exclusive right to control any litigation, USPTO proceeding, or any other administrative proceeding arising from any infringement, challenge, claim, or otherwise relating to the Marks. If Country Visions initiates an action, it will bear all expenses of the proceedings. The franchisee is obligated to cooperate with Country Visions, sign documents, and take actions deemed necessary by their counsel to assist them in any defense or prosecution of litigation relating to the Marks or parts of the System.
However, Country Visions is not obligated under any agreement to protect or defend the franchisee's use of the Marks or to indemnify them for damages if they are a party to any administrative or judicial proceeding involving the Marks. The franchisee may only use the Marks as permitted by the Franchise Agreement and in accordance with Country Visions' guidelines. The franchisee cannot contest the validity or ownership of the Marks or assist another in contesting the Marks at any time during or following the term of the franchise. The franchisee may not use any Mark as part of their corporate name, or in any modified form or in the sale of any unauthorized product or service, or in any manner not authorized in writing by Country Visions. The franchisee must also give notices of trademark and service mark registrations as specified by Country Visions and obtain fictitious or assumed name registrations required under applicable law.