Are there any pending infringement proceedings involving the Proprietary Marks of Chicken Guy?
Chicken_Guy Franchise · 2025 FDDAnswer from 2025 FDD Document
There are no presently effective rulings of the USPTO, the Trademark Trial and Appeal Board, the trademark administrator of any state or any court relating to the principal Proprietary Marks that would materially affect your right to use the Proprietary Marks. There are no pending infringement, opposition or cancellation proceedings or material litigation involving the principal Proprietary Marks.
There are no agreements currently in effect that significantly limit our right to use or license the use of the principal Proprietary Marks in any manner material to you. We do not know of either superior prior rights or infringing uses that could materially affect your use of the principal Proprietary Marks in any state.
The Franchise Agreement does not contain any provisions under which we are required to defend or indemnify you against any claims of infringement or unfair competition arising out of your use of the Proprietary Marks. The Franchise Agreement does require that you notify us immediately if you become aware of any infringement of the Proprietary Marks or if any litigation involving the Proprietary Marks is instituted or threatened against you. You may not make any demand, serve any notice, institute any legal action or negotiate, compromise or settle any controversy with respect to any such infringement without first obtaining our written approval. At our option, we may defend and control the defense of any proceeding arising from your use of the Proprietary Marks under the Franchise Agreement. You also must fully cooperate in defending or settling the litigation. You may not directly or indirectly contest the validity, or our ownership, of the Proprietary Marks.
Source: Item 13 — TRADEMARKS (FDD pages 36–38)
What This Means (2025 FDD)
According to Chicken Guy's 2025 Franchise Disclosure Document, there are no pending infringement, opposition, or cancellation proceedings or material litigation involving the principal Proprietary Marks. This means that, as of the date of the FDD, Chicken Guy is not currently involved in any legal disputes regarding its trademarks that could affect a franchisee's right to use them.
Additionally, the FDD states that there are no agreements currently in effect that significantly limit Chicken Guy's right to use or license the use of the principal Proprietary Marks in any manner material to franchisees. Chicken Guy also states that it is not aware of either superior prior rights or infringing uses that could materially affect a franchisee's use of the principal Proprietary Marks in any state.
However, the Franchise Agreement does not require Chicken Guy to defend or indemnify franchisees against claims of infringement or unfair competition arising from the use of Proprietary Marks. The Franchise Agreement does require franchisees to notify Chicken Guy immediately if they become aware of any infringement of the Proprietary Marks or if any litigation involving the Proprietary Marks is instituted or threatened against them. Franchisees may not make any demand, serve any notice, institute any legal action, or negotiate, compromise, or settle any controversy regarding infringement without Chicken Guy's written approval. Chicken Guy has the option to defend and control the defense of any proceeding arising from the franchisee's use of the Proprietary Marks and the franchisee must cooperate in defending or settling the litigation. Franchisees may not directly or indirectly contest the validity, or Chicken Guy's ownership, of the Proprietary Marks.