Will Deer Solution protect my right to use the Licensed Marks?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
t 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.
If any third party establishes, to our satisfaction and in our discretion that its rights to the Licensed Marks are, for any legal reason, superior to any of our rights or of a nature that we believe, in our discretion, that it is advisable to discontinue and/or modify the Licensed Marks, then we will modify and/or replace the Licensed Marks and you must use the substitutions, replacements and/or variations of and/or to the Licensed Marks and use the those trademarks, service marks, logos and trade names designated by us. In such event, our sole liability and obligation will be 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.
ITEM 14 PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION
The patents identified in the table below are a part of our System, are registered or have an application pending with the USPTO and, unless otherwise designated by us, will be used by you in the operations of the Franchised Business.
| Patent Number (P) (If Issued) or Serial Number (S) (If Not Yet Issued) | Filing Date of Patent | Type of Patent | Title | |------------------------------------------------------------------------------|--------------------------|----------------|-------------------| | 18/384,937 | October 30, 2023 | Utility | ANIMAL AND INSECT REPELLENT AND METHOD OF ITS USE | No other patents or patent applications are material to the franchise. Once issued, patents generally continue for 20 years from the initial filing date. Our right to use this patent is not materially limited by any agreement or known infringing use. We may copyright advertising materials and design specifications, our Manuals and other written materials and items. We have not applied to the USPTO for the issuance of any patents.
You must keep as confidential our Manuals and any supplements to the Manuals. Our Manuals may take the form of written materials and/or digitally distributed and stored materials and made available to you for use in connection with the Franchised Business.
Source: Item 13 — TRADEMARKS (FDD pages 37–39)
What This Means (2025 FDD)
According to Deer Solution's 2025 Franchise Disclosure Document, Deer Solution will protect a franchisee's right to use the Licensed Marks, and defend against infringement claims, provided the franchisee's use complies with the Franchise Agreement, the Manuals, and Deer Solution's instructions. Deer Solution will indemnify the franchisee against direct damages for trademark infringement arising from the franchisee's authorized use of the Licensed Marks. However, this protection is conditional on the franchisee notifying Deer Solution of the claim, allowing Deer Solution sole control over the defense and settlement, and remaining in compliance with the Franchise Agreement. If Deer Solution defends the claim, they are not obligated to cover the fees or disbursements of any attorney retained by the franchisee.
Deer Solution maintains exclusive discretion to take action, or refrain from action, regarding any trademark infringement, challenge, or claim. The franchisee is required to notify Deer Solution of any claims concerning the Licensed Marks. The franchisee must also sign documents and undertake actions deemed necessary by Deer Solution, with legal counsel's advice, to protect Deer Solution's interests in the Licensed Marks. Deer Solution will reimburse the franchisee for reasonable out-of-pocket administrative expenses incurred in complying with written instructions related to these actions.
However, Deer Solution retains the right to modify or replace the Licensed Marks if a third party establishes superior rights. In such cases, the franchisee must use the substituted or modified marks designated by Deer Solution. Deer Solution's sole obligation in this scenario is to reimburse the franchisee for direct out-of-pocket costs of complying with the change, such as alterations in signage and replacement of marketing materials, provided the franchisee documents these costs to Deer Solution's satisfaction. This is a fairly standard practice in franchising, as franchisors need to maintain control over their brand and adapt to potential legal challenges.