What is the extent of Augusta Lawn Care's control over any proceeding or settlement concerning any of the Augusta Lawn Care Marks?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
You shall notify Augusta Lawn Care immediately when you learn about an infringement or challenge to your use of any Mark, including the Augusta Lawn Care mark. Augusta Lawn Care will take the action Augusta Lawn Care deems appropriate in any such situation. Augusta Lawn Care has exclusive control over any proceeding or settlement concerning any of the Marks. You must take all actions that, in the opinion of Augusta Lawn Care's counsel, may be advisable to protect and maintain Augusta Lawn Care's interests in any proceeding or to otherwise protect and maintain Augusta Lawn Care's interests in the Mark. While Augusta Lawn Care is not required to defend you against a claim arising from your use of any of the Marks, Augusta Lawn Care will indemnify and hold you harmless from all of your expenses reasonably incurred in any legal proceeding disputing your authorized use of any Mark provided that (a) your use is and has been in accordance with the terms of this Agreement and such other terms as may be specified by Augusta Lawn Care; and (b) you notify us of the proceeding or alleged infringement in a timely manner and you have complied with Augusta Lawn Care's directions regarding the proceeding. Augusta Lawn Care has the right to control the defense and settlement of any proceeding. Augusta Lawn Care will not reimburse you for your expenses and legal fees for separate, independent legal counsel, or for expenses in removing signage or discontinuing your use of any Mark. Augusta Lawn Care will not reimburse you for disputes where Augusta Lawn Care and/or any of its parents, affiliates, successors or assigns challenges your use of a Mark.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to Augusta Lawn Care's 2025 Franchise Disclosure Document, Augusta Lawn Care maintains exclusive control over any legal proceedings or settlements related to its trademarks. As a franchisee, you are obligated to notify Augusta Lawn Care immediately if you become aware of any infringement or challenges to the use of any Augusta Lawn Care mark. Augusta Lawn Care will then decide what action is appropriate.
This means that while you, as the franchisee, might be directly affected by trademark disputes, Augusta Lawn Care reserves the right to dictate the legal strategy and make decisions regarding settlements. You are required to take actions deemed advisable by Augusta Lawn Care's counsel to protect the company's interests in the trademark.
Augusta Lawn Care does offer some protection to the franchisee. While Augusta Lawn Care is not required to defend you against claims arising from your use of any of the Marks, Augusta Lawn Care will indemnify and hold you harmless from all of your expenses reasonably incurred in any legal proceeding disputing your authorized use of any Mark provided that (a) your use is and has been in accordance with the terms of this Agreement and such other terms as may be specified by Augusta Lawn Care; and (b) you notify us of the proceeding or alleged infringement in a timely manner and you have complied with Augusta Lawn Care's directions regarding the proceeding. Augusta Lawn Care has the right to control the defense and settlement of any proceeding. Augusta Lawn Care will not reimburse you for your expenses and legal fees for separate, independent legal counsel, or for expenses in removing signage or discontinuing your use of any Mark. Augusta Lawn Care will not reimburse you for disputes where Augusta Lawn Care and/or any of its parents, affiliates, successors or assigns challenges your use of a Mark.