Who controls litigation or proceedings involving the C12 Group's trademarks?
C12_Group Franchise · 2025 FDDAnswer from 2025 FDD Document
There is currently no pending litigation, settlement, or agreement that may limit a franchisee's use of any of our trademarks (FA Section I.5). The franchisor will control any litigation or proceeding which may ensue.
Source: Item 13 — TRADEMARKS (FDD pages 32–34)
What This Means (2025 FDD)
According to C12 Group's 2025 Franchise Disclosure Document, the franchisor maintains control over any litigation or proceedings that may arise concerning the company's trademarks. This means that C12 Group, not the individual franchisee, will direct and manage any legal actions related to the trademarks.
This provision is typical in franchising, as the franchisor has a vested interest in protecting its brand and associated trademarks. By retaining control over litigation, C12 Group can ensure consistent legal strategies and protect the overall brand integrity. This also centralizes the legal expertise and resources needed to handle such matters effectively.
For a prospective C12 Group franchisee, this means they will not be responsible for independently managing or funding legal challenges related to the trademarks. However, it is crucial for franchisees to promptly notify C12 Group of any potential infringements or challenges to the trademarks they become aware of, as stated in FA Section I.6. This cooperation is essential for the franchisor to take appropriate action and protect the brand's intellectual property.
The FDD also states that C12 Group will indemnify, defend, and hold the franchisee harmless if their use of C12 Group's trademarks, in accordance with the Franchise Agreement, infringes upon the intellectual property rights of a third party. This provides an additional layer of protection for the franchisee, ensuring they are not financially burdened by legal claims arising from their authorized use of the trademarks.