Is Boulder Designs aware of any infringing uses that could affect the use of the trademarks?

According to Boulder Designs' 2025 Franchise Disclosure Document, Boulder Designs states that they are not aware of any infringing or prior superior uses that could materially affect the use of the Marks in any State where the Franchised Business is to be located. This statement provides some reassurance to a prospective franchisee that the trademarks Boulder Designs uses are not currently subject to any known legal challenges regarding infringement or prior superior use. This reduces the risk that a franchisee would have to deal with legal disputes over trademark usage. However, this statement is limited to currently known issues, so future disputes could still arise.

Boulder Designs also has a license agreement with Mogavero Investments to use the Marks, which lasts for 99 years from December 1, 2017. This license agreement could be terminated if Boulder Designs takes any affirmative act of insolvency, if a receiver or trustee is appointed to take possession of their properties and is not discharged within 90 days, if they wind up, sell, consolidate or merge their business, or if they breach any of their duties and obligations under the license and do not cure the breach within 60 days following written notice of the breach. However, if Mogavero Investments terminates the license agreement, they must honor all franchise agreements, including the right to renew.

Boulder Designs requires franchisees to notify them immediately of any apparent infringement or challenges to the use of the Marks and to allow them to take any action they deem appropriate. Franchisees must use the Marks as the sole trade identification of the Franchised Business but cannot use any Mark or part of any Mark as part of their business entity name in any modified form. Franchisees also cannot use any Mark in connection with the sale of any unauthorized products or services, or in any other manner that Boulder Designs does not authorize in writing. Franchisees must notify Boulder Designs in writing before applying for their own trademark or service mark registrations and cannot register any trademark or service mark that is confusingly similar to any of Boulder Designs' Marks.

Boulder Designs also dictates that franchisees cannot create or operate an Internet site or website using any domain name containing the words "Boulder Designs" or any variation thereof without prior written consent. Boulder Designs maintains the sole right to maintain Social Media sites and applications, but franchisees may create Social Media accounts that use the Marks, provided such use is in compliance with Boulder Designs' standards and specifications. All materials and campaigns in connection with the Social Media accounts must be preapproved by Boulder Designs prior to first use. Franchisees must provide Boulder Designs with the login and password information for any account they create and relinquish all rights to such account upon nonrenewal or termination.