Is there any pending litigation regarding Bombs Away's use or ownership of its trademarks?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
[Item 13: TRADEMARKS]
Determinations
There are no currently effective material determinations of the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, or any state trademark administrator or court. There are no pending infringement, opposition, or cancellation proceedings.
Litigation
There is no pending material federal or state court litigation regarding our use or ownership rights in a trademark.
Agreements
There are no currently effective agreements that significantly limit our rights to use or license the use of trademarks listed above in a manner material to the franchise.
Protection of Rights
We protect your right to use the principal trademarks listed in this Item, and we protect you against claims of infringement or unfair competition arising out of your use of the trademarks, to the extent described in this section.
The franchise agreement obligates you to notify us of the use of, or claims of rights to, a trademark identical to or confusingly similar to a trademark licensed to you. The franchise agreement does not require us to take affirmative action when notified of these uses or claims. We have the right to control any administrative proceedings or litigation involving a trademark licensed by us to you.
If you use our trademarks in accordance with the franchise agreement, then (i) we will defend you (at our expense) against any legal action by a third-party alleging infringement by your use of the trademark, and (ii) we will indemnify you for expenses and damages if the legal action is resolved unfavorably to you.
Under the franchise agreement, we may require you to modify or discontinue using a trademark, at your expense.
Superior Prior Rights and Infringing Uses
We do not know of either superior prior rights or infringing uses that could materially affect your use of the principal trademarks.
Source: Item 13 — TRADEMARKS (FDD pages 24–25)
What This Means (2024 FDD)
According to Bombs Away's 2024 Franchise Disclosure Document, there is no pending material federal or state court litigation regarding Bombs Away's use or ownership rights in a trademark. Additionally, there are no currently effective material determinations of the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, or any state trademark administrator or court. There are also no pending infringement, opposition, or cancellation proceedings. Furthermore, Bombs Away states that there are no currently effective agreements that significantly limit their rights to use or license the use of trademarks in a manner material to the franchise. Bombs Away also states that they do not know of either superior prior rights or infringing uses that could materially affect a franchisee's use of the principal trademarks.
Bombs Away will defend a franchisee (at their expense) against any legal action by a third-party alleging infringement by the franchisee's use of the trademark, if the franchisee uses Bombs Away's trademarks in accordance with the franchise agreement. Bombs Away will also indemnify the franchisee for expenses and damages if the legal action is resolved unfavorably to the franchisee. However, the franchise agreement does not require Bombs Away to take affirmative action when notified of trademark uses or claims. Bombs Away retains the right to control any administrative proceedings or litigation involving a trademark licensed by them to the franchisee.
It is important to note that Bombs Away may require a franchisee to modify or discontinue using a trademark, at the franchisee's expense. The franchise agreement obligates the franchisee to notify Bombs Away of the use of, or claims of rights to, a trademark identical to or confusingly similar to a trademark licensed to them. This means that while Bombs Away offers some protection, franchisees may still bear costs associated with trademark issues. Franchisees should carefully review the franchise agreement to understand the full scope of their responsibilities and Bombs Away's obligations regarding trademark protection.