Will Deck Medic reimburse a franchisee for expenses incurred complying with written instructions regarding the Licensed Marks?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
ou with respect to any fees or disbursements of any attorney that you retain.
If any third party establishes, to our satisfaction and in our sole discretion, that its rights to the marks are, for any legal reason, superior to any of our rights, then we will modify and/or replace the Licensed Marks and you must use the variances or other service marks, trademarks or trade names required by and as determined by us. Our sole liability and obligation in such event is to reimburse you for the direct out-of-pocket costs of complying with this obligation, which you must document to our satisfaction, including, by way of example, alterations in signage and replacement of marketing materials. There are no agreements currently in effect that significantly limit our rights to use or license the use of the Licensed Marks in any manner material to you.
ITEM 14 PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION
We do not own any rights to, or licenses in any patent or copyrights material to the franchise System.
Source: Item 13 — TRADEMARKS (FDD pages 32–33)
What This Means (2024 FDD)
According to Deck Medic's 2024 Franchise Disclosure Document, Deck Medic will, in certain instances, reimburse franchisees for expenses related to the Licensed Marks. Specifically, if a third party successfully claims superior rights to the marks, Deck Medic may modify or replace the Licensed Marks. In this case, Deck Medic's sole obligation is to reimburse the franchisee for direct out-of-pocket costs associated with complying with this obligation. These costs, which must be documented to Deck Medic's satisfaction, include alterations in signage and replacement of marketing materials.
Additionally, Deck Medic will reimburse franchisees for reasonable out-of-pocket administrative expenses incurred while complying with Deck Medic's written instructions to protect and maintain Deck Medic's interests in the Licensed Marks. This reimbursement is contingent upon the franchisee following Deck Medic's instructions and providing proper documentation.
However, Deck Medic does not cover all expenses. If Deck Medic defends a claim of infringement, they are not obligated to reimburse the franchisee for the fees or disbursements of any attorney the franchisee retains. This highlights the importance of adhering to Deck Medic's guidelines for using the Licensed Marks to minimize the risk of infringement claims and associated legal costs.