factual

Are there any pending infringement, opposition, or cancellation proceedings involving the Crisp & Green Marks?

Crisp_Green Franchise · 2024 FDD

Answer from 2024 FDD Document

There are no currently effective material determinations of the USPTO, the Trademark Trial and Appeal Board, or any state trademark administrator or court, and there is no pending infringement, opposition, or cancellation proceedings or material federal or state court litigation, involving the Marks. All required affidavits have been filed. We do not know of either superior prior rights or infringing uses that could materially affect your use of the Marks.

Source: Item 13 — TRADEMARKS (FDD pages 47–49)

What This Means (2024 FDD)

According to Crisp & Green's 2024 Franchise Disclosure Document, there are no currently effective material determinations by the USPTO, the Trademark Trial and Appeal Board, or any state trademark administrator or court, and there are no pending infringement, opposition, or cancellation proceedings or material federal or state court litigation, involving the Marks. Additionally, all required affidavits have been filed, and Crisp & Green does not know of either superior prior rights or infringing uses that could materially affect a franchisee's use of the Marks. This indicates that Crisp & Green is not currently involved in any legal disputes regarding its trademarks.

However, the FDD also states that some of Crisp & Green's marks are not federally registered, which means they do not have the same legal protections as registered trademarks. If the right to use these unregistered marks is challenged, a franchisee may be required to stop using them and switch to an alternative mark, potentially increasing expenses. Crisp & Green does not have to reimburse franchisees for these expenses.

Furthermore, the FDD clarifies that Crisp & Green need not protect a franchisee's right to use the Marks or defend against infringement claims arising from their use, unless the use was authorized, the franchisee provided timely notification of the claim, and the franchisee is in compliance with all agreements. This means that while Crisp & Green owns the trademarks, the franchisee bears some responsibility in protecting their right to use them, and may incur costs if forced to switch to a different mark.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.