What is the role of the franchisee in administrative action or litigation involving the City Publications trademarks?
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 the franchisee's right to use their marks and will protect against infringement claims from third parties, provided the franchisee uses the marks properly. The franchisee is required to notify City Publications of any similar trademark uses by third parties, so City Publications can take action as they deem appropriate. City Publications maintains control over any administrative or legal proceedings related to the trademarks.
Specifically, the franchisee is required to participate in any administrative action or litigation at City Publications's direction. In such cases, City Publications will indemnify the franchisee from claims resulting from the proper use of City Publications's marks. This means that while the franchisee must cooperate, City Publications will cover the costs and damages from covered claims arising from proper trademark usage.
City Publications also retains the right to modify their marks, and franchisees must comply with any changes that City Publications requires. This highlights the importance of franchisees staying updated with any branding changes mandated by City Publications to ensure continued compliance and protection under the indemnity agreement.