Are there any pending infringement, opposition, or cancellation proceedings related to the Chocolate Fish Coffee trademarks?

According to Chocolate Fish Coffee's 2024 Franchise Disclosure Document, there are no pending infringement, opposition, or cancellation proceedings concerning their trademarks. The FDD states that there are no currently effective material determinations by the United States Patent and Trademark Office, the Trademark Trial and Appeal Board, or any state trademark administrator or court. Additionally, there is no pending material federal or state court litigation regarding Chocolate Fish Coffee's use or ownership rights in a trademark. This indicates that Chocolate Fish Coffee is not currently involved in any legal disputes over its trademarks.

Chocolate Fish Coffee's affiliate, Nzus, Corp, owns the trademarks and has granted Chocolate Fish Coffee the exclusive right to sublicense these trademarks to franchisees through an Intercompany License Agreement. This agreement is perpetual and can only be modified by mutual consent. It can be canceled by Nzus, Corp if Chocolate Fish Coffee materially misuses the trademarks without correcting the misuse, or if Chocolate Fish Coffee discontinues commercial use of the trademarks for more than one year. Importantly, the agreement specifies that termination of the Intercompany License Agreement will not affect a franchisee's rights.

Chocolate Fish Coffee also states that they will protect a franchisee's right to use the principal trademarks and will defend and indemnify the franchisee against claims of infringement or unfair competition arising from the use of the trademarks, provided the trademarks are used in accordance with the franchise agreement. The franchisee is obligated to notify Chocolate Fish Coffee of any identical or confusingly similar trademark use or claims, although Chocolate Fish Coffee is not required to take affirmative action upon notification. Chocolate Fish Coffee retains the right to control any administrative proceedings or litigation involving a licensed trademark. However, Chocolate Fish Coffee may require a franchisee to modify or discontinue using a trademark at the franchisee's expense under the franchise agreement.

Chocolate Fish Coffee also states that they are not aware of any superior prior rights or infringing uses that could materially affect a franchisee's use of the principal trademarks. The principal trademarks licensed to franchisees are owned by Nzus, Corp and are registered on the Principal Register of the United States Patent and Trademark Office. These trademarks include "Chocolate Fish Coffee Roasters", registration number 6042407, and another trademark with registration number 6042416, both registered on April 28, 2020.