Are there any pending infringement, opposition, or cancellation proceedings against Cool Binz trademarks?
Cool_Binz Franchise · 2025 FDDAnswer from 2025 FDD Document
We or our parent have filed all required affidavits and renewals with respect to these registrations, and there are no pending infringement, opposition or cancellation proceedings.
We or our parent intend to commence an on-going practice of registering new trademarks for promotional or related advertising activities.
No state trademark registrations have been filed.
Except for the registrations of the above Marks, there are no other effective determinations of the USPTO or of the trademark administrator of any state or court. There are no pending infringement, opposition, or cancellation proceedings or material litigation involving Marks that are relevant to their use.
There are no agreements currently in effect that significantly limit our rights within the United States, to use, or license the use, of the above-mentioned Marks in any manner material to the Franchise.
You will follow our rules when you use the Marks. You may not use any Mark (including the name COOL BINZ) as part of your corporate or legal business name or with modifying words, terms, designs, or symbols (except for those we license to you). You may not use any Mark in selling any unauthorized services or products or in any other way we have not expressly authorized in writing.
You must 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.
Source: Item 13 — TRADEMARKS (FDD pages 49–50)
What This Means (2025 FDD)
According to Cool Binz's 2025 Franchise Disclosure Document, there are no pending infringement, opposition, or cancellation proceedings regarding their trademarks. Cool Binz or its parent company has filed all necessary affidavits and renewals for their trademark registrations with the USPTO. Furthermore, there are no effective determinations by the USPTO, any state trademark administrator, or any court regarding infringement, opposition, or cancellation proceedings or material litigation involving the Cool Binz trademarks that are relevant to their use. Cool Binz also states that there are no agreements that significantly limit their rights to use or license their trademarks within the United States in any way that would be material to the franchise.
As a Cool Binz franchisee, you are required to adhere to Cool Binz's rules when using their trademarks. You are prohibited from using any Cool Binz mark, including the name COOL BINZ, as part of your corporate or legal business name, or with any unauthorized modifications. Additionally, you cannot use the trademarks to sell unauthorized services or products.
If a franchisee becomes aware of any potential infringement or challenge to the use of a Cool Binz trademark, they must immediately notify Cool Binz. The franchisee is instructed not to communicate with anyone other than Cool Binz, their attorneys, and the franchisee's own attorneys regarding the infringement, challenge, or claim. Provided the franchisee has notified Cool Binz in a timely manner and complied with the Franchise Agreement, Cool Binz will indemnify and hold the franchisee harmless against any loss or expense incurred in connection with such infringement, challenge, or claim. However, if Cool Binz determines that the franchisee has not used the trademarks in accordance with the Franchise Agreement, the franchisee will bear the cost of the defense, including any judgment or settlement costs.
Cool Binz also states that they do not know of any superior prior rights or infringing uses that could materially affect a franchisee's use of their principal mark in any state. However, if Cool Binz decides to modify or discontinue the use of any mark, or use additional or substitute names or marks, franchisees must comply with their direction within ten days of receiving notice. Cool Binz will not be liable for any expenses, losses, or damages sustained by the franchisee as a result of any such changes to the marks, and franchisees are prohibited from commencing or joining any litigation against Cool Binz for such expenses, losses, or damages.