Is Canine Dimensions required by any agreement to protect or defend any patent, trademark, or copyright?
Canine_Dimensions Franchise · 2025 FDDAnswer from 2025 FDD Document
You must notify us immediately when you learn about an infringement of or challenge to your use of a Mark. We will take the action we think appropriate and control any litigation or other proceeding arising out of any such infringement or challenge to the Marks. The Franchise Agreement does not require us to participate in your defense and/or indemnify you for expenses or damages if you are a party to an administrative or judicial proceeding involving a trademark licensed by us to you, or if the proceeding is resolved unfavorably to you.
18.3 Indemnification
Franchisee and each of the owners of any equity interest in Franchisee (the "Owners"), jointly and severally, will indemnify and defend Canine Dimensions Franchising, LLC (the "Indemnified Parties") against all Losses and Expenses arising from the operation or condition of any part of the Franchised Business or its site, the conduct of business, and any acts or omissions of Franchisee or its employees, agents, or contractors, including the collection or use of Customer Information; the infringement or alleged infringement by Franchisee or any Owners of any patent, trademark, copyright, or other proprietary right owned by third parties, unless arising from authorized use of the Marks in compliance with this Agreement; the violation or breach by Franchisee or any Owners of any applicable laws; Franchisee's failure to obtain and maintain required insurance coverage; libel, slander, or defamation of the Indemnified Parties, the System, or any other Franchisee by Franchisee or any Owners; the violation or breach by Franchisee or its Affiliates or Owners of any warranty, representation, agreement, or obligation in this Agreement or other agreements with the Indemnified Parties; acts, errors, or omissions of Franchisee, its Affiliates, Owners, and their respective owners, officers, employees, agents, and representatives in connection with the Franchised Business; any encumbrances, liens, assessments, levies, charges, demands for payment, taxes, or other liabilities imposed on Franchisor due to payments under this Agreement; and any claim that Franchisor and Franchisee are joint employers of Franchisee's employees or personnel.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 26–27)
What This Means (2025 FDD)
According to Canine Dimensions' 2025 Franchise Disclosure Document, the Franchise Agreement does not require Canine Dimensions to participate in a franchisee's defense or indemnify them for expenses or damages if the franchisee is involved in an administrative or judicial proceeding regarding a trademark licensed by Canine Dimensions, or if the proceeding is resolved unfavorably to the franchisee. However, the franchisee must notify Canine Dimensions immediately if they learn of any infringement or challenge to the use of a mark. Canine Dimensions will then take action it deems appropriate and control any litigation or other proceeding arising out of such infringement or challenge.
Furthermore, the franchisee is responsible for indemnifying and defending Canine Dimensions against losses and expenses arising from the infringement or alleged infringement of any patent, trademark, copyright, or other proprietary right owned by third parties, unless the infringement arises from authorized use of the Marks in compliance with the Franchise Agreement.
This means that while Canine Dimensions retains control over how to respond to infringements or challenges to their trademarks, they are not obligated to financially support a franchisee's defense in such matters. The franchisee bears the responsibility for any infringements they commit, unless it stems from authorized use of Canine Dimensions' marks, shifting the burden of potential legal costs and damages onto the franchisee.