Are there any pending infringement proceedings involving the Burros Fries Marks?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
demark, which may increase your expenses.
There are no presently effective determinations of the USPTO, the Trademark Trial and Appeal Board, the trademark administrator of any state or any court, nor any pending infringement, opposition or cancellation proceeding or material litigation involving the Marks.
There are no agreements that limit our right to sublicense you the Marks.
Upon termination of the trademark license agreement for any reason, we and franchisees must discontinue all use of the Marks in any form, remove the Marks from our website, any Website(s) or any of our franchisees' web pages, modify any and all identification of the Franchised Business with, or reference to, the Marks, and refrain from making any subsequent representation, advertisement or published statement or product sales using or in reference to the Marks, or the business previously conducted using the Marks, and take such action as shall be necessary to change any corporate name, assumed name or equivalent registration which mentions or refers to the Marks, or any mark similar thereto.
You must notify us immediately in writing of any apparent infringement of or challenge to your use of any Marks, or claim by any person of any rights in any Mark or any similar trade name, trademark or service mark of which you become aware.
Source: Item 13 — TRADEMARKS (FDD pages 40–42)
What This Means (2024 FDD)
According to the 2024 Burros Fries Franchise Disclosure Document, there are no currently pending or effective determinations from the USPTO, the Trademark Trial and Appeal Board, any state trademark administrator, or any court involving the Burros Fries marks. This includes no pending infringement, opposition, cancellation proceedings, or material litigation.
This statement provides some assurance to a potential Burros Fries franchisee that the trademarks are not currently subject to any legal challenges. However, it is important to note that this only reflects the situation as of the issuance date of the FDD. The document also states that Burros Fries is not obligated to protect franchisees against infringement claims.
Furthermore, the FDD clarifies that franchisees must immediately notify Burros Fries in writing of any apparent infringement or challenges to the use of the marks. Burros Fries retains the sole discretion to take action and control any litigation or proceedings. While Burros Fries intends to vigorously defend the marks as a matter of corporate policy, the Franchise Agreement does not require them to participate in a franchisee's defense or indemnify them for expenses or damages if a proceeding involving the marks is resolved unfavorably to the franchisee.