What action must an Augusta Lawn Care franchisee take upon learning of a trademark infringement?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
You must notify us immediately when you learn about an infringement of or challenge to your use of our trademarks. We will take the action we think is appropriate in these situations, and we have exclusive control over any settlement or proceeding concerning any Mark. You must take actions that, in the opinion of our counsel, may be advisable to protect and maintain our interests in any proceeding or to otherwise protect and maintain our interests in the Marks. While we are not required to defend you against a claim arising from your use of our Marks, we will indemnify and hold you harmless from all of your expenses reasonably incurred in any legal proceeding disputing your authorized use of any Mark in accordance with the Franchise Agreement and the Operations Manual, but only if you notify us of the proceeding in a timely manner and you have complied with our directions with regard to the proceeding. We have the right to control the defense and settlement of any proceeding. We will not reimburse you for your expenses and legal fees for separate, independent legal counsel and for expenses in removing signage or discontinuing your use of any Mark. We will not reimburse you for disputes where we challenge your use of a Mark.
You must promptly notify us in writing of any claim, demand, or suit against you or your principals in connection with your use of the Marks. We have the right to select legal counsel and to control the proceedings. In certain cases, as described in Section 8.5 of the Franchise Agreement, we will indemnify and hold you harmless.
Source: Item 13 — TRADEMARKS (FDD pages 28–30)
What This Means (2025 FDD)
According to Augusta Lawn Care's 2025 Franchise Disclosure Document, a franchisee must immediately notify Augusta Lawn Care upon learning of any infringement or challenge to the use of their trademarks. Augusta Lawn Care will then decide what action is appropriate and has exclusive control over any settlement or proceeding concerning any mark. The franchisee is also required to take actions that Augusta Lawn Care's counsel deems advisable to protect and maintain Augusta Lawn Care's interests in any proceeding or to otherwise protect and maintain their interests in the Marks.
While Augusta Lawn Care is not required to defend the franchisee against a claim arising from the use of their Marks, they will indemnify and hold the franchisee harmless from all expenses reasonably incurred in any legal proceeding disputing the authorized use of any Mark. This is contingent upon the franchisee notifying Augusta Lawn Care of the proceeding in a timely manner and complying with their directions regarding the proceeding. Augusta Lawn Care retains the right to control the defense and settlement of any proceeding.
However, Augusta Lawn Care will not reimburse the franchisee for expenses and legal fees for separate, independent legal counsel, expenses in removing signage, or discontinuing the use of any Mark. They also will not reimburse for disputes where they challenge the franchisee's use of a Mark. The franchisee must promptly notify Augusta Lawn Care in writing of any claim, demand, or suit against them or their principals in connection with the use of the Marks, and Augusta Lawn Care has the right to select legal counsel and control the proceedings. In certain cases, as described in Section 8.5 of the Franchise Agreement, Augusta Lawn Care will indemnify and hold the franchisee harmless.