Are Casiola franchisees required to use the Licensed Marks as designated in the Manuals?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
We will protect your right to use the Licensed Marks and other related rights and protect you against claims of infringement and unfair competition related to the Licensed Marks, provided that you use the Licensed Marks in accordance with the terms of your Franchise Agreement, as designated by us in the Manuals, and otherwise, as we instruct you. We will indemnify you against direct damages for trademark infringement in a proceeding arising out of your use of the Licensed Marks, provided your use of the Licensed Marks comply with the terms of your Franchise Agreement, the Manuals, our written instructions, and that you have timely notified us of the claim, have given us sole control of the defense and settlement of the claim, and you are in compliance with your Franchise Agreement. If we defend the claim, we have no obligation to indemnify or reimburse you with respect to any fees or disbursements of any attorney that you retain.
Source: Item 13 — TRADEMARKS (FDD pages 32–34)
What This Means (2024 FDD)
According to Casiola's 2024 Franchise Disclosure Document, franchisees must use the Licensed Marks in accordance with the terms of the Franchise Agreement and as designated in the Manuals. Casiola also provides that it will protect the franchisee's right to use the Licensed Marks, as long as the franchisee uses them as designated in the manuals and in accordance with the Franchise Agreement.
Casiola retains the right to modify the marks that franchisees can use in connection with their Casiola business. Franchisees may only use the Licensed Marks as authorized in writing by Casiola and under the terms of the Franchise Agreement. Franchisees cannot use the Licensed Marks in the name of any corporate entity they establish.
Casiola will indemnify franchisees against direct damages for trademark infringement arising from the franchisee's use of the Licensed Marks, provided that the franchisee's use complies with the Franchise Agreement, the Manuals, and Casiola's written instructions. To receive indemnification, franchisees must also notify Casiola of the claim promptly and give Casiola sole control of the defense and settlement. If a third party establishes superior rights to the marks, Casiola will modify or replace the Licensed Marks, and franchisees must use the revised marks as directed by Casiola. In such cases, Casiola's sole obligation is to reimburse franchisees for the direct out-of-pocket costs of complying with this change, such as alterations in signage and replacement of marketing materials, provided the franchisee documents these costs to Casiola's satisfaction.