Has the franchisor received any third-party objections to the Camp Margaritaville Licensed Marks?
Camp_Margaritaville Franchise · 2025 FDDAnswer from 2025 FDD Document
There are no currently effective material determinations of the USPTO, the Trademark Trial and Appeal Board, any state trademark administrator or any court, and no pending infringement, opposition or cancellation proceedings or other material federal or state court litigation, involving the Licensed Marks.
We have no actual knowledge of either superior prior rights or infringing uses that could materially affect your use of the core Licensed Marks in the state where your Resort is to be operated. We have not received any third-party objections to our Licensed Marks.
You must follow our rules when using the Licensed Marks. If we discover your unauthorized use of the Licensed Marks, we may require you to destroy (with no reimbursement from us) all offending items reflecting that unauthorized use. You must notify us immediately of any apparent infringement or challenge to your use of any Licensed Mark, or of any person's claim of any rights in any Licensed Mark, and not communicate with any person other than us, our affiliates, and our and their attorneys, and your attorneys, regarding any infringement, challenge, or claim. We and our affiliates may take the action we and they deem appropriate (including no action) and control exclusively any litigation, PTO proceeding, or other proceeding arising from any infringement, challenge, or claim or otherwise concerning any Licensed Mark. You must sign any documents and take any other reasonable actions that, in the opinion of our and our affiliates' attorneys, are necessary or advisable to protect and maintain our and our affiliates' interests in any litigation or PTO or other proceeding or otherwise to protect and maintain our and our affiliates' interests in the Licensed Marks. We will reimburse your reasonable out-of-pocket costs for taking any requested action.
If it becomes advisable at any time for us and/or you to modify, discontinue using, and/or replace any Licensed Mark and/or to use one or more additional, substitute, or replacement trade or service marks together with or instead of any previously-designated Licensed Mark, you must comply with our directions
Source: Item 13 — TRADEMARKS (FDD pages 57–59)
What This Means (2025 FDD)
According to Camp Margaritaville's 2025 Franchise Disclosure Document, Camp Margaritaville states that they have not received any third-party objections to their Licensed Marks. Additionally, Camp Margaritaville asserts they have no actual knowledge of superior prior rights or infringing uses that could materially affect a franchisee's use of the core Licensed Marks in the state where their Resort is to be operated. This suggests that, to the best of Camp Margaritaville's knowledge, there are no current legal challenges or conflicting trademark claims that could impede a franchisee's ability to use the Camp Margaritaville brand. However, franchisees must still notify Camp Margaritaville immediately of any apparent infringement or challenge to their use of any Licensed Mark.
Camp Margaritaville retains exclusive control over any litigation, PTO (Patent and Trademark Office) proceeding, or other proceeding arising from any infringement, challenge, or claim concerning any Licensed Mark. The franchisee is obligated to sign documents and take reasonable actions deemed necessary by Camp Margaritaville's attorneys to protect their interests in the Licensed Marks. Camp Margaritaville will reimburse the franchisee's reasonable out-of-pocket costs for taking any requested action. This arrangement is typical in franchising, where the franchisor maintains brand control while the franchisee cooperates in protecting the brand.
If Camp Margaritaville deems it advisable to modify, discontinue, or replace any Licensed Mark, the franchisee must comply with their directions. However, Camp Margaritaville will not reimburse the franchisee for any costs or expenses incurred due to these changes, including expenses for changing signs or any loss of revenue. This clause highlights a potential risk for franchisees, as they may bear the financial burden of rebranding or adapting to changes in the Licensed Marks. While Camp Margaritaville will defend the franchisee in trademark infringement proceedings related to authorized use of a Licensed Mark, the franchisee's compliance with Camp Margaritaville's directions is crucial for receiving this support.