What is a Crisp & Green franchisee required to do if there is a challenge to their use 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.
We need not protect your right to use the Marks nor protect you against claims of infringement or unfair competition arising from your use of the Marks. We will indemnify you against costs, expenses, and damages for which you are held liable in a proceeding arising out of your use of the Marks only if (i) your use of the Marks that is the subject of the proceeding was authorized and in accordance with the terms of
Source: Item 13 — TRADEMARKS (FDD pages 47–49)
What This Means (2024 FDD)
According to Crisp & Green's 2024 Franchise Disclosure Document, a franchisee must immediately notify Crisp & Green of any actual or apparent infringement or challenge to their use of any Mark. The franchisee must also report any person's claim of rights in any Mark, or any identical or confusingly similar trademark, or any claim of unfair competition relating to any Mark.
The Crisp & Green franchisee is restricted from communicating with anyone other than Crisp & Green, its parent company, their attorneys, and the franchisee's own attorneys regarding any infringement, challenge, or claim. Crisp & Green and its parent company have the right to take any action they deem appropriate, including no action, and will exclusively control any litigation, USPTO proceeding, or other administrative proceeding concerning any Mark.
The franchisee is obligated to sign any documents and take any other reasonable actions that Crisp & Green or its parent's attorneys consider necessary or advisable to protect and maintain their interests in any litigation, USPTO, or other proceeding, or otherwise to protect and maintain their interests in the Marks. However, Crisp & Green is not required to protect the franchisee's right to use the Marks or protect them against claims of infringement or unfair competition arising from their use of the Marks, unless specific conditions are met. Crisp & Green will only indemnify the franchisee against costs, expenses, and damages if the franchisee's use of the Marks was authorized and in accordance with the Franchise Agreement, the franchisee timely notified Crisp & Green of the claim, and the franchisee and their owners and affiliates are in compliance with all agreements with Crisp & Green.