Who controls litigation concerning infringement claims related to the Deer Solution Licensed Marks?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
You are required to provide us with written notice of all claims that you may become aware of concerning the Licensed Marks including your use of the Licensed Marks and/or a 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. We possess the sole right to exclusively control any and all litigation, legal proceedings, administrative proceedings and/or settlement(s) concerning 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 respecting 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 to protect you against claims of infringement and unfair competition related to the Licensed Marks, provided that your use of the Licensed Marks is in accordance with the Franchise Agreement, the Manuals, and is consistent with our instructions and the license granted to 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 to you, and 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. 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.
Source: Item 13 — TRADEMARKS (FDD pages 37–39)
What This Means (2025 FDD)
According to Deer Solution's 2025 Franchise Disclosure Document, Deer Solution maintains exclusive control over any litigation, legal proceedings, administrative proceedings, and settlements concerning actual or alleged infringement, challenges, or claims relating to the Licensed Marks. This means that Deer Solution, not the franchisee, decides how to handle any legal issues related to the trademarks.
As a Deer Solution franchisee, you are required to notify Deer Solution in writing of any claims you become aware of concerning the Licensed Marks, including claims related to your use of the marks or a third party's use of a similar trademark. You must also sign documents and take actions that Deer Solution deems necessary to protect their interests in the Licensed Marks. Deer Solution will reimburse you for reasonable out-of-pocket administrative expenses incurred while complying with their written instructions.
Deer Solution will protect your right to use the Licensed Marks and defend you against infringement claims, provided your use complies with the Franchise Agreement, the Manuals, and their instructions. They will indemnify you against direct damages for trademark infringement arising from your compliant use of the Licensed Marks. However, you must notify them promptly of any claim, give them sole control of the defense and settlement, and remain in compliance with your Franchise Agreement. If Deer Solution defends the claim, they are not obligated to cover the fees of any attorney you retain.