Can Augusta Lawn Care seek an injunction against a 'Related Party' for use of the Marks?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
f facts and conclusions of law," You shall bear the entire additional cost required for such award, which cost is above the cost for a reasoned award.
- 11.8.13 Should Augusta Lawn Care prevail in any arbitration, the Arbitrator shall require You to pay all expenses of Arbitration, as well as Augusta Lawn Care's attorneys' fees and costs.
11.9 Exceptions to Arbitration and Mediation
- 11.9.1 Notwithstanding the provisions of Sections 11.7 and 11.8 of this Agreement, Augusta Lawn Care shall be entitled, with a bond of not more than $10,000, to the entry of temporary, preliminary and permanent injunctions, and orders of specific performance, enforcing the provisions of this Agreement in any court of competent jurisdiction relating to: (a) Your, and/or any of Your Related Party's use of the Marks; (b) Your confidentiality covenants (Section 8); (c) Your obligations upon termination or expiration of the franchise; or (d) Transfer or assignment by You. If Augusta Lawn Care secures any such injunction (i.e. temporary restraining order, preliminary injunction, or permanent injunction) or order of speci
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to the 2025 Augusta Lawn Care Franchise Disclosure Document, Augusta Lawn Care is entitled to seek injunctions against related parties for the use of their marks. Specifically, Augusta Lawn Care can pursue temporary, preliminary, and permanent injunctions, as well as orders of specific performance, in any court with the appropriate jurisdiction to enforce the franchise agreement. This action requires a bond of no more than $10,000.
This provision allows Augusta Lawn Care to protect its brand and trademarks from unauthorized use by individuals or entities affiliated with the franchisee or Augusta Lawn Care itself. The term 'Related Party' is defined broadly in the FDD to include owners, partners, shareholders, members, and other affiliated persons or companies with an interest in either Augusta Lawn Care or the franchisee's business. This broad definition ensures that Augusta Lawn Care can take action against a wide range of individuals or entities that might misuse the company's marks.
If Augusta Lawn Care successfully obtains an injunction, the franchisee is responsible for covering all associated costs. These costs include reasonable attorney's fees, investigation expenses, proof of facts, court costs, litigation expenses, travel and living expenses, and any damages incurred by Augusta Lawn Care due to the breach. This financial responsibility underscores the importance of franchisees and their related parties adhering to the terms of the franchise agreement regarding the use of Augusta Lawn Care's marks. This measure is in place to ensure that the franchisee bears the financial burden of non-compliance, rather than Augusta Lawn Care.