What is a Crisp & Green franchisee required to do if there is an actual or apparent infringement of any Mark?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
You must notify us immediately of any actual or apparent infringement of or challenge to your use of any Mark or of any person's claim of any rights in any Mark (or any identical or confusingly similar trademark) or claim of unfair competition relating to any Mark. You may not communicate with any person other than us and our Parent, our and its attorneys, and your attorneys, regarding any infringement, challenge or claim. We and our Parent may take the action that we or our Parent deems appropriate (including no action) and control exclusively any litigation, USPTO proceeding or other administrative proceeding arising from any infringement, challenge or claim or otherwise concerning any Mark. You must sign any documents and take any other reasonable actions that, in our or our Parent's attorneys' opinion, are necessary or advisable to protect and maintain our and our Parent's interests in any litigation or USPTO or other proceeding or otherwise to protect and maintain our and our Parent's interests in the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 47–49)
What This Means (2024 FDD)
According to Crisp & Green's 2024 Franchise Disclosure Document, franchisees are required to take specific actions if they observe any potential trademark infringements. The franchisee must immediately notify Crisp & Green of any actual or apparent infringement or challenges to the use of any Mark. This also applies to any claims of rights in any Mark, or any identical or confusingly similar trademark, or any claim of unfair competition relating to any Mark.
Furthermore, the franchisee is restricted in who they can communicate with regarding the infringement, challenge, or claim. They may only communicate with Crisp & Green, its Parent company, their attorneys, and the franchisee's own attorneys. This restriction ensures that Crisp & Green maintains control over the response and legal strategy related to the trademark.
Crisp & Green and its Parent company have the exclusive right to decide what action to take, including taking no action at all. They also control any litigation, USPTO proceedings, or other administrative proceedings related to the Mark. The franchisee is obligated to sign any documents and take any reasonable actions deemed necessary by Crisp & Green or its Parent's attorneys to protect their interests in any litigation, USPTO proceeding, or otherwise to protect and maintain their interests in the Marks.