With whom am I prohibited from communicating regarding any infringement, challenge, or claim related to Chem Dry patents or copyrights, besides CDI and our respective attorneys?
Chem_Dry Franchise · 2024 FDDAnswer from 2024 FDD Document
You must notify CDI immediately in writing of any apparent infringement or challenge to your use of any of the patents or copyrights, or of any claim by any person of any rights in any of the patents or copyrights, and may not communicate with anyone other than CDI, CDI's attorneys and your attorneys in connection with any such infringement, challenge or claim. CDI will take such action as it, in its sole discretion, deems appropriate and will have the right to exclusively control any litigation, U.S. Patent and Trademark Office proceeding or any other administrative proceeding arising from such infringement, challenge or claim or otherwise relating to any of the patents or copyrights. You must sign any instruments and documents, provide such assistance and take any action that, in the opinion of CDI's attorneys, may be necessary or advisable to protect and maintain its interests in any litigation or U.S. Patent and Trademark Office or other proceeding or otherwise to protect and maintain CDI's interests in or any of the patents or copyrights.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 48–50)
What This Means (2024 FDD)
According to Chem Dry's 2024 Franchise Disclosure Document, as a franchisee, you are required to notify Chem Dry, referred to as CDI, immediately in writing if there is any apparent infringement or challenge to your use of their patents or copyrights. This also applies to any claim by any person of any rights related to those patents or copyrights.
The FDD stipulates that you, as the franchisee, are prohibited from communicating with anyone regarding any infringement, challenge, or claim related to Chem Dry's patents or copyrights, except for Chem Dry itself (CDI), CDI's attorneys, and your own attorneys. This restriction ensures that Chem Dry maintains exclusive control over any legal proceedings or administrative actions related to their intellectual property.
Chem Dry will decide on the appropriate action to take regarding any infringement, challenge, or claim, and they have the right to exclusively control any litigation, U.S. Patent and Trademark Office proceeding, or any other administrative proceeding. As a franchisee, you must sign documents, provide assistance, and take any action that Chem Dry's attorneys deem necessary to protect and maintain their interests in any legal or administrative proceedings related to their patents or copyrights.