Will City Publications indemnify a franchisee from claims resulting from the proper use of its marks?
City_Publications Franchise · 2025 FDDAnswer from 2025 FDD Document
We are obligated to protect your right to use our Marks and will protect you against claims of infringement from third parties, based on your proper use of our marks. You are obligated to notify us of any trademark uses by third parties similar to ours and we will take the action on those that we deem appropriate. In all of these cases, we control any administrative proceeding or litigation involving the trademarks and you are required to participate, at our direction, in any administrative action or litigation and we will indemnify you from any claims resulting from your proper use of our Marks. We have the right to modify our Marks and you must comply with any changes that we require.
Source: Item 13 — TRADEMARKS (FDD page 25)
What This Means (2025 FDD)
According to City Publications's 2025 Franchise Disclosure Document, City Publications is obligated to protect a franchisee's right to use their marks and will defend the franchisee against infringement claims from third parties, provided the franchisee is properly using the marks.
The FDD specifies that the franchisee must notify City Publications of any similar trademark uses by third parties. City Publications will then decide on the appropriate action to take. City Publications maintains control over any administrative or legal proceedings related to the trademarks. The franchisee is required to participate in these proceedings at City Publications's direction.
Importantly, City Publications will indemnify the franchisee from any claims that arise due to the franchisee's proper use of City Publications's marks. However, City Publications retains the right to modify its marks, and franchisees must comply with any changes that City Publications requires. This is a fairly standard arrangement in franchising, as franchisors need to protect their brand identity while also ensuring franchisees are not exposed to undue legal risk for properly using the franchisor's trademarks.