Is Benjamin Franklin Plumbing aware of any pending infringement, opposition, or cancellation proceedings involving its principal marks?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
There are no currently effective material determinations of the USPTO, the Trademark Trial and Appeal Board, the trademark administrator of any state, or of any court, nor is there any pending infringement, opposition or cancellation proceedings or any pending material litigation involving the principal Marks. There are no agreements currently in effect that significantly limit our right to use, or to license the use of, the principal trademarks in a manner material to the franchise.
We are aware of an individual, Benjamin Lee Franklin, operating a plumbing business in Winthrop Harbor, Illinois, 60096 under the name Benjamin Franklin Plumbing, LLC, a limited liability company, registered on April 29, 2014. We believe that this third-party may be infringing our "Benjamin Franklin Plumbing" Mark. A franchisee wishing to do business in and around the geographic area of this third party could be materially affected by these infringing uses. Other than the Illinois business, we have no knowledge of any superior prior rights or infringing uses of our Marks that could materially affect your use of them. However, we recommend you research the possibility of such uses in your area, using telephone directories, local filings and other means, before signing the Franchise Agreement.
Source: Item 13 — TRADEMARKS (FDD pages 61–63)
What This Means (2025 FDD)
According to Benjamin Franklin Plumbing's 2025 Franchise Disclosure Document, there are no currently effective material determinations by the USPTO, the Trademark Trial and Appeal Board, any state trademark administrator, or any court, nor are there any pending infringement, opposition, or cancellation proceedings or any pending material litigation involving the principal marks. Additionally, there are no agreements that significantly limit Benjamin Franklin Plumbing's right to use or license the use of its principal trademarks in a way that would be material to the franchise. However, Benjamin Franklin Plumbing is aware of a plumbing business operating in Winthrop Harbor, Illinois, under the name Benjamin Franklin Plumbing, LLC, registered on April 29, 2014, which they believe may be infringing on their "Benjamin Franklin Plumbing" mark.
For a prospective franchisee, this means that while Benjamin Franklin Plumbing is not currently involved in any major legal battles over its trademarks, there is a potential infringement issue in Illinois. If a franchisee wishes to operate in or around Winthrop Harbor, Illinois, this existing business could materially affect their operations.
Benjamin Franklin Plumbing recommends that potential franchisees conduct their own research into possible prior rights or infringing uses of the marks in their desired area before signing the Franchise Agreement. This research should include checking telephone directories and local filings to identify any potential conflicts. This due diligence is crucial to avoid potential legal issues and business disruptions after starting the franchise.
In summary, while the company states there are no widespread issues, the existence of a similar business in Illinois highlights the importance of trademark research at the local level. Prospective franchisees should take Benjamin Franklin Plumbing's advice seriously and investigate their specific territory thoroughly.