Are there any known pending infringement, opposition, or cancellation proceedings involving the Deck Medic Licensed Marks?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
There are no currently effective material determinations of the USPTO, the Trademark Trial and Appeal Board and/or the trademark administrator in any state or any court; no pending infringement, opposition or cancellation proceedings; and no pending litigation involving the Licensed Marks. We know of no superior rights or infringing uses that could materially affect your use of the Licensed Marks or other related rights in any state.
You are required to provide us with written notice of any claims that you may become aware of respecting the Licensed Marks, including your use of the Licensed Marks and/or any claim associated with a third party's use of a trademark that is identical or confusingly similar to the Licensed Marks. We maintain the exclusive discretion to take any and all actions, or to refrain from any action, that we believe to be appropriate in response to any trademark infringement, challenge or claim. As between us, we possess the sole right to exclusively control any and all litigation, legal proceedings, administrative proceedings and/or settlement(s) involving any actual or alleged infringement, challenge or claim relating to the Licensed Marks. You must sign all documents, instruments and agreements and undertake the actions that we, with the advice of our legal counsel, determine to be necessary or advisable for the protection and/or maintenance of our interests in the Licensed Marks in any legal proceeding, administrative proceeding or as may be otherwise determined by us. As to the foregoing, we will reimburse you for the reasonable out-of-pocket administrative expenses that you incur and pay in complying with our written instructions.
We will protect your right to use the Licensed Marks and other related rights and protect you against claims of infringement and unfair competition related to the Licensed Marks, provided that you use the Licensed Marks in accordance with the terms of your Franchise Agreement, as designated by us in the Manuals, and otherwise, as we instruct you. We will indemnify you against direct damages for trademark infringement in a proceeding arising out of your use of the Licensed Marks, provided your use of the Licensed Marks comply with the terms of your Franchise Agreement, the Manuals, our written instructions, and that you have timely notified us of the claim, have
given us sole control of the defense and settlement of the claim, and you are in compliance with your Franchise Agreement. If we defend the claim, we have no obligation to indemnify or reimburse you 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.
Source: Item 13 — TRADEMARKS (FDD pages 32–33)
What This Means (2024 FDD)
According to Deck Medic's 2024 Franchise Disclosure Document, there are no currently effective material determinations by the USPTO, the Trademark Trial and Appeal Board, or any trademark administrator in any state or court. Additionally, there are no pending infringement, opposition, or cancellation proceedings, and no pending litigation involving the Licensed Marks. Deck Medic also states that it is not aware of any superior rights or infringing uses that could materially affect a franchisee's use of the Licensed Marks. This indicates that Deck Medic believes its trademarks are secure and not subject to any current legal challenges that could impact a franchisee's ability to use them.
Deck Medic requires franchisees to provide written notice of any claims they become aware of regarding the Licensed Marks or any third-party use of similar trademarks. Deck Medic maintains exclusive discretion over any action taken in response to trademark infringement, challenges, or claims. Franchisees must sign documents and undertake actions necessary for the protection of Deck Medic's interests in the Licensed Marks. Deck Medic will reimburse franchisees for reasonable out-of-pocket administrative expenses incurred in complying with written instructions related to these actions.
Deck Medic will protect a franchisee's right to use the Licensed Marks and defend against infringement claims, provided the franchisee uses the marks according to the Franchise Agreement and Manuals. Deck Medic will indemnify franchisees against direct damages for trademark infringement arising from their use of the Licensed Marks, subject to compliance with the Franchise Agreement, Manuals, and timely notification of claims. However, Deck Medic is not obligated to cover attorney fees if the franchisee retains their own counsel when Deck Medic is defending the claim.
If a third party successfully demonstrates superior rights to the marks, Deck Medic will modify or replace the Licensed Marks, and franchisees must use the revised marks. Deck Medic's sole obligation in such a case is to reimburse franchisees for direct out-of-pocket costs of compliance, such as alterations in signage and replacement of marketing materials. The FDD states that there are no agreements currently in effect that significantly limit Deck Medic's rights to use or license the Licensed Marks in any manner material to franchisees.