Is City Wide aware of any infringing uses that could materially affect the franchisee's use of the Marks?
City_Wide Franchise · 2025 FDDAnswer from 2025 FDD Document
There are no infringing uses known to CITY WIDE that could materially affect your use of the Marks in this state or in any other state in which the Franchised Businesses are to be located. There are no agreements currently in effect that significantly limit the rights of CITY WIDE to use or license the use of the Marks, trade names, logotypes or other commercial symbols in any manner material to the franchise, except as set forth herein.
Source: Item 13 — TRADEMARKS (FDD pages 39–41)
What This Means (2025 FDD)
According to City Wide's 2025 Franchise Disclosure Document, City Wide states that it is not aware of any infringing uses that could materially affect a franchisee's use of its marks in any state where City Wide franchises are located. City Wide also states that there are no agreements that significantly limit City Wide's rights to use or license its marks, trade names, logotypes, or other commercial symbols in any manner material to the franchise, except as otherwise detailed in the FDD.
City Wide's FDD also states that franchisees must promptly notify City Wide of any claim, demand, or cause of action based upon or arising from any attempt by any other person, firm, or corporation to use the Marks or any colorable imitation thereof. Franchisees must also notify City Wide of any action, claim, or demand against them relating to the Marks, within 10 calendar days after receiving notice. City Wide or its Licensor has the sole and absolute right to defend any action and the exclusive right and obligation to contest or bring action against any third party regarding the third party's use of any of the Marks and shall exercise this right at its sole and absolute right. Franchisees are required to cooperate with City Wide or its Licensor in any defense or prosecution of any litigation relating to the Marks.
It's important to note that City Wide makes no representation or warranty, express or implied, as to the use, exclusive ownership, validity, or enforceability of the Marks. City Wide also has no obligation to indemnify franchisees for damages if they are a party to any administrative or judicial proceeding involving the Marks. This means that while City Wide will likely take action to protect its trademarks, the franchisee bears some risk in the event of a trademark dispute. Prospective franchisees should consider these factors and seek legal counsel to fully understand their rights and responsibilities regarding trademark use.