Are there any pending legal proceedings involving the Creative World School trademarks?
Creative_World_School Franchise · 2025 FDDAnswer from 2025 FDD Document
fail to police its use. There are no other agreements currently in effect which significantly limit our rights to use or license the use of our Marks in a manner material to the franchise. There are no currently effective material determinations of the USPTO, the Trademark Trial and Appeal Board, the trademark administrator of any state or any court, nor are there any pending infringement, cancellation or opposition proceedings or material litigation, involving the Marks.
Use of the Marks.
You must follow our rules when you use the Marks. You cannot use any Mark as part of your corporate or legal business name or with modifying words, designs or symbols (except for those we license to you). You cannot use any Mark in connection with the performance or sale of any unauthorized services or products or in any other manner we have not expressly authorized in writing.
Infringements.
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 you may not communicate with any person other than us, our attorneys and your attorneys in connection with any such infringement, challenge or claim. We have sole discretion to take such action as we deem appropriate and the right to control exclusively any litigation, USPTO proceeding or any other administrative proceeding arising from such infringement, challenge or claim or otherwise relating to any Mark. You must sign any instruments and documents, provide such assistance and take any action that, in the opinion of our attorneys, may be necessary or advisable to protect and maintain our interests in any litigation or USPTO or other proceeding or otherwise to protect and maintain our interests in the Marks. We are not obligated to: (a) take affirmative action when notified of any use or claim related to the Marks;
or (b) participate in your defense and/or indemnify you from expenses or damages if you are a party to an administrative or judicial proceeding involving the Marks if the proceeding is resolved unfavorable to you.
Source: Item 13 — TRADEMARKS (FDD pages 48–50)
What This Means (2025 FDD)
According to the 2025 Creative World School Franchise Disclosure Document, there are no pending infringement, cancellation, or opposition proceedings or material litigation involving the Creative World School trademarks. The document states that Creative World School licenses the non-exclusive, worldwide right to use its marks from CWSI, and CWSI can terminate this use if Creative World School engages in unauthorized use of the marks or fails to police their use. There are no other agreements that significantly limit Creative World School's rights to use or license its marks in a way that would be material to the franchise.
However, the FDD mentions a past legal proceeding. Creative World School had previously sued two Texas companies operating affiliated preschools under the tradename "Creative World Learning Center" for trademark infringement. These companies, along with two others in Virginia, were notified of the infringement. The lawsuit against the Texas companies was settled after they agreed to stop using the word "World" in their trade name outside of Fairfax County, Virginia, over a 180-day transition period.
Prospective franchisees should note that while there are no current legal proceedings, Creative World School is actively protecting its trademarks. Franchisees are required to notify Creative World School immediately of any apparent infringement or challenge to the use of any mark. Creative World School has the sole discretion to take action and control any litigation or administrative proceeding arising from such infringement or claim. Franchisees must also assist Creative World School in protecting its interests in the marks by signing documents and taking necessary actions as directed by Creative World School's attorneys.