With whom is a Chem Dry franchisee permitted to communicate regarding any infringement, challenge, or claim related to the Marks?
Chem_Dry Franchise · 2024 FDDAnswer from 2024 FDD Document
FRANCHISEE shall notify CDI immediately of any apparent infringement or challenge to FRANCHISEE'S use of any Mark, or of any person's claim of any rights in any Mark, and not to communicate with any person other than CDI, CDI's attorneys, and FRANCHISEE'S attorneys, regarding any infringement, challenge or claim. CDI will take such action as it, in its sole discretion, deems appropriate (including no action) and will have the right to exclusively control any litigation, U.S. Patent and Trademark office proceeding, or other administrative proceeding arising from any infringement, challenge, or claim or otherwise concerning any Mark. FRANCHISEE shall sign any documents and take any other reasonable action that, in the opinion of CDI's attorneys, are necessary or advisable to protect and maintain CDI's interest in any litigation or Patent and Trademark Office or other proceeding or otherwise to protect and maintain its interests in the Marks. CDI will reimburse FRANCHISEE for FRANCHISEE's costs of taking any action CDI has asked FRANCHISEE to take. However, CDI is not required to defend you against any claims of infringement or unfair competition arising out of your use of the Marks and is not required to indemnify you for any expenses or damage that you incur in any administrative or judicial proceeding involving a mark or if the proceeding is resolved unfavorably to you any of the Marks. A finding of invalidity of any of the Marks will not affect your obligations to CDI.
Source: Item 23 — Receipts (FDD pages 68–264)
What This Means (2024 FDD)
According to Chem Dry's 2024 Franchise Disclosure Document, a franchisee must immediately notify Chem Dry of any apparent infringement or challenge to the franchisee's use of any mark, or of any person's claim of any rights in any mark. The franchisee is only permitted to communicate with Chem Dry, Chem Dry's attorneys, and the franchisee's attorneys regarding any infringement, challenge, or claim.
Chem Dry is not required to protect the franchisee's right to use the marks or to protect the franchisee against claims of infringement or unfair competition arising out of the franchisee's use of the marks. Chem Dry will take action as it deems appropriate in its sole discretion, including no action, and will have the right to exclusively control any litigation, U.S. Patent and Trademark office proceeding, or other administrative proceeding arising from any infringement, challenge, or claim or otherwise concerning any mark.
The Chem Dry franchisee must sign any documents and take any other reasonable action that, in the opinion of Chem Dry's attorneys, are necessary or advisable to protect and maintain Chem Dry's interest in any litigation or Patent and Trademark Office or other proceeding or otherwise to protect and maintain its interests in the marks. Chem Dry will reimburse the franchisee for the franchisee's costs of taking any action Chem Dry has asked the franchisee to take. However, Chem Dry is not required to defend the franchisee against any claims of infringement or unfair competition arising out of the franchisee's use of the marks and is not required to indemnify the franchisee for any expenses or damage that the franchisee incurs in any administrative or judicial proceeding involving a mark or if the proceeding is resolved unfavorably to the franchisee any of the marks. A finding of invalidity of any of the marks will not affect the franchisee's obligations to Chem Dry.