Who controls litigation regarding Clean Your Dirty Face trademark infringements?
Clean_Your_Dirty_Face Franchise · 2025 FDDAnswer from 2025 FDD Document
You must notify us immediately of any apparent infringement or challenge to your use of any Mark, or of any person's claim of any rights in any Mark, and you may not communicate with any person other than us and our and our affiliates 'attorneys, regarding any infringement, challenge or claim. We and/or Trademark Owner may take the action we deem appropriate and control exclusively any litigation, USPTO proceeding or other administrative proceeding from the infringement, challenge or claim or otherwise concerning any Mark. You must sign the documents and take the actions that, in the opinion of our attorneys, are necessary or advisable to protect and maintain our interests in the Marks. We will reimburse you for your reasonable costs of taking any action that we have asked you to take.
If it becomes advisable at any time for us and/or you to modify or discontinue using any Mark and/or use one or more additional or substitute trade or service marks, you must comply with our directions within a reasonable time after receiving notice. We do not have to reimburse you for your costs, loss of revenue or other expenses of promoting a modified and/or substitute trademark or service mark.
You must not contest, or assist any other person in contesting, the validity of our and Trademark Owner's ownership of the Marks. Your use of the Marks and any goodwill established by that use are exclusively for our and Trademark Owner's benefit.
Under the Franchise Agreement, we must indemnify you against, and reimburse you for, all damages for which you are held liable in any proceeding in which your use of any Mark in compliance with the Franchise Agreement is held to constitute trademark infringement, and for all reasonable costs you incur in the defense of any claim brought against you or in any proceeding in which you are named as a party, only if you have timely notified us of the claim or proceeding and comply with our directions in responding to the proceeding. At our option, we and/or Trademark
Source: Item 13 — TRADEMARKS (FDD pages 40–42)
What This Means (2025 FDD)
According to Clean Your Dirty Face's 2025 Franchise Disclosure Document, Clean Your Dirty Face and/or the Trademark Owner, Krishna IP, has the exclusive right to control any litigation, USPTO proceeding, or other administrative proceeding regarding infringement, challenge, or claim concerning any Mark. This means that Clean Your Dirty Face franchisees do not have the authority to independently pursue legal action to protect the Clean Your Dirty Face trademarks.
As a Clean Your Dirty Face franchisee, you are required to immediately notify Clean Your Dirty Face of any apparent infringement or challenge to your use of any Mark, or of any person's claim of any rights in any Mark. You are not allowed to communicate with anyone other than Clean Your Dirty Face and their attorneys regarding any infringement, challenge, or claim. Furthermore, you must sign documents and take actions deemed necessary by Clean Your Dirty Face's attorneys to protect the Marks. Clean Your Dirty Face will reimburse you for reasonable costs incurred when taking action they have requested.
Clean Your Dirty Face may choose to defend and control the defense of any proceeding arising from your use of any Mark under the Franchise Agreement. Franchisees must comply with Clean Your Dirty Face's directions if modifications or discontinuation of any Mark becomes necessary. Franchisees cannot contest the validity of Clean Your Dirty Face's or the Trademark Owner's ownership of the Marks. The Franchise Agreement states that Clean Your Dirty Face must indemnify you against, and reimburse you for, all damages for which you are held liable in any proceeding in which your use of any Mark in compliance with the Franchise Agreement is held to constitute trademark infringement, and for all reasonable costs you incur in the defense of any claim brought against you or in any proceeding in which you are named as a party, only if you have timely notified us of the claim or proceeding and comply with our directions in responding to the proceeding.
This arrangement is typical in franchising, as it allows the franchisor to maintain brand consistency and control over its intellectual property. However, it also means that franchisees must rely on Clean Your Dirty Face to take appropriate action to protect the trademarks. Franchisees should ensure they understand the notification procedures and their obligations in case of any potential infringement.