Is Carbones Pizzeria aware of any infringing uses that could materially affect my use of their principal trademarks?
Carbones_Pizzeria Franchise · 2025 FDDAnswer from 2025 FDD Document
There are presently no effective material determinations of the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, or any state trademark administrator or court, or any pending infringement, opposition, or cancellation proceeding or any pending material federal or state court litigation regarding our use or ownership in a trademark. There are no currently effective agreements that significantly limit our right to use or license the use of our principal trademarks in a manner material to the franchise. We do not know of either superior prior rights or infringing uses that could materially affect your use of our principal trademarks. However, there is one pizza restaurant located in St. Paul, Minnesota that uses the Carbone's name but is not a part of our franchise system.
Source: Item 13 — TRADEMARKS (FDD pages 21–22)
What This Means (2025 FDD)
According to the 2025 FDD, Carbones Pizzeria states that they do not know of any infringing uses that could materially affect a franchisee's use of their principal trademarks. However, the document does note that there is one pizza restaurant located in St. Paul, Minnesota, that uses the Carbone's name but is not part of the Carbones Pizzeria franchise system. This could potentially lead to confusion or competition in that specific market.
It's important to note that Carbones Pizzeria's trademark "Carbone's Pizzeria" is federally registered, providing it with legal benefits and rights. However, the trademark "Carbone's Pizza" does not have a federal trademark registration. If the right to use the "Carbone's Pizza" trademark is challenged, a franchisee may have to change to an alternative trademark, which may increase their expenses.
Carbones Pizzeria retains the right to modify or discontinue the use of any name or mark at its sole discretion and can require the use of additional or substitute names or marks. The franchisee is responsible for all costs and expenses associated with such changes or additions. While Carbones Pizzeria states they will take reasonable steps to protect a franchisee's rights to use their principal trademarks and protect against claims of infringement, the franchisee must notify Carbones Pizzeria of any claim within 10 days and tender the defense of the claim to them to be eligible for indemnification.