Who has the sole discretion to take action regarding infringement of the Cinch I.T. Marks?
Cinch_I_T Franchise · 2024 FDDAnswer from 2024 FDD Document
You shall immediately notify Us in writing of any apparent infringement of or challenge to Your use of the Marks, of which You become aware, and of any claim by any person of any right in the Marks or any similar trade names, trademarks, or service marks, trade dress, trade symbols, signs, slogans, associated logos, designs, emblems, e-marks, copyrights and commercial symbols of which You become aware.
You shall not directly or indirectly communicate with any person other than Us and Our counsel in connection with any such infringement, challenge, or claim.
We shall have sole discretion to take such action as We deem appropriate and shall have the right to exclusively control any litigation, U.S.
Patent and Trademark Office proceeding, or other judicial or administrative proceeding arising out of such infringement, challenge or claim or otherwise relating to the Marks.
You agree to execute any and all instruments and documents, render such assistance, and do such acts and things as may, in the opinion of Our counsel, be necessary or advisable to protect and maintain Our interests in any such litigation, U.S.
Patent and Trademark Office proceeding, or other judicial or administrative proceeding, or to otherwise protect and maintain Our interest in the Marks.
- (d) If it becomes advisable at any time in Our sole discretion for Us and/or You to modify or discontinue use of the Marks, and/or use one or more additional or substitute trade names, trademarks, service marks, trade dress, trade symbols, signs, slogans, associated logos, designs, emblems, e-marks, copyrights or other commercial symbols, You agree to comply with Our directions within a reasonable time after notice to You.
We shall have no liability or obligation whatsoever with respect to Your modification or discontinuance of the Marks.
You are responsible for the tangible costs for modifying or changing the Marks, including but not limited to changing signs and advertising materials.
You agree that such modification or change of Marks will be completed by You within a reasonable period of time after notification by Us.
Source: Item 23 — RECEIPTS (FDD pages 60–269)
What This Means (2024 FDD)
According to Cinch I.T.'s 2024 Franchise Disclosure Document, Cinch I.T. retains sole discretion to take action it deems appropriate regarding any infringement, challenge, or claim relating to its Marks. This includes the right to exclusively control any litigation, U.S. Patent and Trademark Office proceeding, or other judicial or administrative proceeding arising out of such infringement, challenge, or claim.
This means that as a Cinch I.T. franchisee, you are required to notify Cinch I.T. immediately in writing of any apparent infringement or challenges to the use of the Marks. However, you are not allowed to communicate directly with any party other than Cinch I.T. and its counsel regarding the infringement. Cinch I.T. maintains complete control over how these situations are handled.
This clause protects Cinch I.T.'s brand and intellectual property. It also requires franchisees to cooperate fully with Cinch I.T.'s legal efforts by executing documents and providing assistance as needed. Franchisees must adhere to Cinch I.T.'s decisions regarding the Marks, including any modifications or discontinuation of use, although the franchisee is responsible for the tangible costs associated with these changes, such as updating signs and advertising materials.