What is the Clear Pest Pros franchisee's obligation regarding communicating with others about trademark infringements?
Clear_Pest_Pros Franchise · 2025 FDDAnswer from 2025 FDD Document
You promise to notify us immediately of any apparent infringement or challenge to your use of any Mark, or of any claim by any person of any rights in any Mark, and not to communicate with any person other than us and our attorneys, and your attorneys, in any infringement, challenge, or claim. We have sole discretion to take the action we deem appropriate and the right to control exclusively any litigation, USPTO proceeding or any other administrative proceeding arising out of any infringement, challenge, claim or otherwise relating to any Mark.
Source: Item 13 — TRADEMARKS (FDD pages 53–55)
What This Means (2025 FDD)
According to Clear Pest Pros's 2025 Franchise Disclosure Document, a franchisee has specific obligations regarding communication about potential trademark infringements. The franchisee must immediately notify Clear Pest Pros of any apparent infringement or challenge to the use of any mark, or any claim by any person of any rights in any mark.
Furthermore, the franchisee is explicitly instructed not to communicate with anyone other than Clear Pest Pros, their attorneys, and the franchisee's own attorneys regarding any infringement, challenge, or claim. This restriction ensures that Clear Pest Pros maintains control over the response to any trademark issues and can coordinate a consistent legal strategy.
Clear Pest Pros retains sole discretion to take any action it deems appropriate and has the exclusive right to control any litigation, USPTO proceeding, or other administrative proceeding arising out of any infringement, challenge, claim, or matter relating to any mark. This means franchisees must rely on Clear Pest Pros to handle all legal aspects of trademark protection and cannot independently pursue any legal action.