What am I required to do if I notice an infringement of the Card My Yard Marks?
Card_My_Yard Franchise · 2025 FDDAnswer from 2025 FDD Document
D. Infringement. You agree to notify us promptly of any apparent infringement of or challenge to your use of any Mark and of any claim by any person of any rights in any Mark. You and your Owners shall not communicate with any person other than us, our Affiliates, our and their counsel, and your counsel in connection with any such apparent infringement, challenge or claim. We will have complete discretion to take any action we deem appropriate in connection with any infringement of, or challenge or claim to, any Mark and the right to control exclusively, or to delegate control of, any settlement, litigation, Patent and Trademark Office or other proceeding arising out of any such alleged infringement, challenge or claim or otherwise relating to any Mark. You agree to execute all such instruments and documents, render such assistance, and do such acts or things as may, in our opinion, reasonably be necessary or advisable to protect and maintain our or our Affiliates' interests in the Marks.
Source: Item 23 — RECEIPTS (FDD pages 84–259)
What This Means (2025 FDD)
According to Card My Yard's 2025 Franchise Disclosure Document, if a franchisee notices any apparent infringement of or challenge to the use of any Card My Yard Mark, they must promptly notify Card My Yard. The franchisee and their owners are restricted from communicating with anyone about the infringement other than Card My Yard, its affiliates, their counsel, and the franchisee's own counsel.
Card My Yard retains complete discretion to take any action it deems appropriate regarding the infringement, challenge, or claim to any Mark. This includes the exclusive right to control or delegate control of any settlement, litigation, or proceedings with the Patent and Trademark Office.
As a Card My Yard franchisee, you are obligated to execute all instruments and documents, provide assistance, and perform any actions that Card My Yard considers reasonably necessary to protect and maintain their interests in the Marks. This ensures that Card My Yard maintains control over its brand and can take appropriate legal action to protect its intellectual property.