What should a Clean Your Dirty Face franchisee do if they notice an infringement of the trademarks?
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.
Source: Item 13 — TRADEMARKS (FDD pages 40–42)
What This Means (2025 FDD)
According to the 2025 Clean Your Dirty Face Franchise Disclosure Document, a franchisee must immediately notify Clean Your Dirty Face of any apparent infringement or challenge to the use of any mark. The franchisee is prohibited from communicating with anyone other than Clean Your Dirty Face and its affiliates' attorneys regarding any infringement, challenge, or claim. Clean Your Dirty Face and/or the Trademark Owner will then take the action they deem appropriate and control exclusively any litigation, USPTO proceeding, or other administrative proceeding from the infringement, challenge, or claim concerning any Mark.
The franchisee is required to sign documents and take actions deemed necessary or advisable by Clean Your Dirty Face's attorneys to protect and maintain their interests in the marks. Clean Your Dirty Face will reimburse the franchisee for reasonable costs incurred for any action they are asked to take. However, if Clean Your Dirty Face and/or the franchisee need to modify or discontinue using any mark, or use additional or substitute marks, the franchisee must comply with Clean Your Dirty Face's directions within a reasonable time after receiving notice, but Clean Your Dirty Face is not required to reimburse the franchisee for costs, loss of revenue, or other expenses of promoting a modified and/or substitute trademark or service mark.
This means that Clean Your Dirty Face franchisees have a responsibility to be vigilant about protecting the brand's trademarks but must follow the franchisor's instructions on how to respond to potential infringements. While franchisees are expected to cooperate in protecting the trademarks, Clean Your Dirty Face retains control over legal proceedings and related actions. Franchisees are shielded from costs associated with actions they are directed to take, but they bear the costs if the trademarks are changed.