Does Best In Class Education Center know of any infringements at this time?
Best_In_Class_Education_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
ve or judicial proceeding involving our Marks or if the proceeding is resolved in a manner unfavorable to you.
There are currently no: (a) effective material determinations of the Patent and Trademark Office, the Trademark Trial and Appeal Board, the trademark administrator of this state or any court; (b) pending infringements, oppositions or cancellations; (c) pending material litigation matters involving any of the Marks; or (d) infringing uses we are aware of that could materially affect your use of the Marks.
On April 11, 2025, we entered into an Intellectual Property License Agreement with HL Media (the "License Agreement"). Under the terms of the License Agreement, HL Media granted us the right to use and sublicense the Marks to our franchisees. The initial term of the License Agreement is 5 years, and then automatically renews for additional 5-year renewal terms unless terminated in accordance with its terms. HL Media may terminate the License Agreement only if we: (a) declare bankruptcy or become insolvent; (b) breach HL Media's quality control standards and fail to cure the breach within a 60-day cure period; or (c) consent to the termination.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 35–36)
What This Means (2025 FDD)
According to the 2025 Best In Class Education Center FDD, there are no current, known infringements that could materially affect a franchisee's use of the Best In Class Education Center marks. The FDD states that there are no effective material determinations from the Patent and Trademark Office, the Trademark Trial and Appeal Board, or any court, nor are there any pending infringements, oppositions, or cancellations related to the marks. Additionally, Best In Class Education Center states that there is no material litigation involving any of the marks.
Best In Class Education Center requires franchisees to notify them immediately if they discover any infringing use (or challenges to their use) of the marks. The FDD stipulates that Best In Class Education Center will then take whatever action they deem appropriate, but they are not required to take any action at all. Franchisees are not permitted to control any legal proceedings or litigation related to the Best In Class Education Center marks.
Best In Class Education Center may change the trademarks that franchisees are allowed to use, including discontinuing the use of marks listed in Item 13. If Best In Class Education Center requires a franchisee to discontinue the use of the primary mark, BEST IN CLASS EDUCATION CENTER®, they will reimburse the franchisee for tangible costs of compliance, such as changing brochures and business cards. However, Best In Class Education Center has no other liability to the franchisee for changing the marks.