In the event of an apparent infringement of the Card My Yard Marks, who has the discretion to take action?
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, Card My Yard retains complete discretion to take action regarding any infringement of its marks. As a franchisee, if you notice any potential infringement or challenges to the use of the Card My Yard Marks, you are required to promptly notify Card My Yard.
Specifically, the FDD states that franchisees and their owners should not communicate with any other party besides Card My Yard, its affiliates, their legal counsel, and the franchisee's own counsel regarding any apparent infringement, challenge, or claim. This restriction ensures that Card My Yard maintains control over how such matters are handled.
Card My Yard has the exclusive right to control or delegate control of any settlement, litigation, or proceedings related to alleged infringement, challenges, or claims concerning the Card My Yard Marks. As a franchisee, you must execute all necessary documents, provide assistance, and perform any actions that Card My Yard deems reasonably necessary to protect its interests in the marks. This includes cooperating fully with Card My Yard in any legal or administrative actions related to the marks.