Are the Casiola principal trademarks part of the Licensed Marks and System?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
The principal trademarks identified in the schedule below are a part of the Licensed Marks, our System, are registered with the United States Patent and Trademark Office (the "USPTO") and, unless otherwise designated by us, will be used by you in the operations of the Franchised Business. As to these marks all required affidavits have been filed with the USPTO.
Source: Item 13 — TRADEMARKS (FDD pages 32–34)
What This Means (2024 FDD)
According to Casiola's 2024 Franchise Disclosure Document, the principal trademarks are indeed part of the Licensed Marks and the Casiola System. The FDD specifies that Casiola franchisees are granted a license to use the "Casiola" trademark and other marks identified in the provided table for operating their franchised business. Casiola Worldwide LLC owns the Licensed Marks and has granted Casiola a license to use and sublicense these marks to its franchisees.
This means that as a Casiola franchisee, you are authorized to use the listed trademarks, including "Casiola" and "Vacation Homes You'll Love", in connection with your business operations. These trademarks are registered with the United States Patent and Trademark Office (USPTO), and Casiola has filed all required affidavits. Casiola retains the right to modify or supplement the marks used in the Casiola business. Franchisees can only use the Licensed Marks as authorized in writing by Casiola and under the terms of the Franchise Agreement.
The FDD also clarifies that franchisees must notify Casiola of any claims regarding the Licensed Marks. Casiola maintains exclusive discretion over any action regarding trademark infringement or challenges. Casiola will protect the franchisee's right to use the Licensed Marks and will defend against claims of infringement or unfair competition, provided the franchisee uses the marks according to the Franchise Agreement and Casiola's instructions. Casiola will indemnify franchisees against direct damages for trademark infringement arising from their use of Licensed Marks, provided the franchisee complies with the Franchise Agreement and promptly notifies Casiola of any claims.
However, if a third party establishes superior rights to the marks, Casiola may modify or replace the Licensed Marks, and the franchisee must use the revised marks. In such cases, Casiola's sole obligation is to reimburse the franchisee for direct out-of-pocket costs of compliance, such as alterations in signage and replacement of marketing materials. The FDD states that there are no current agreements that significantly limit Casiola's rights to use or license the Licensed Marks in a way that would be material to the franchisee.