Will Deer Solution reimburse me for expenses incurred in protecting their 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.
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.
Source: Item 13 — TRADEMARKS (FDD pages 37–39)
What This Means (2025 FDD)
According to Deer Solution's 2025 Franchise Disclosure Document, franchisees may be reimbursed for certain expenses related to protecting the Licensed Marks under specific conditions. Deer Solution maintains the exclusive right to control any legal proceedings concerning infringement claims related to their Licensed Marks. Franchisees are required to notify Deer Solution of any claims regarding the Licensed Marks. Franchisees must also sign documents and undertake actions deemed necessary by Deer Solution to protect their interests in the Licensed Marks.
Deer Solution will reimburse franchisees for reasonable out-of-pocket administrative expenses incurred when complying with Deer Solution's written instructions related to protecting the Licensed Marks. Additionally, Deer Solution will protect a franchisee's right to use the Licensed Marks, defend against infringement claims, and indemnify against direct damages for trademark infringement, provided the franchisee's use of the marks complies with the Franchise Agreement, manuals, and Deer Solution's instructions.
However, this protection is conditional. Franchisees must have notified Deer Solution of the claim in a timely manner and given Deer Solution sole control of the defense and settlement. Deer Solution is not obligated to reimburse attorney fees if the franchisee retains their own attorney when Deer Solution is already defending the claim. If Deer Solution decides to modify or replace the Licensed Marks due to a third party establishing superior rights, Deer Solution will reimburse franchisees for the direct out-of-pocket costs of complying with this change, such as alterations in signage and replacement of marketing materials, provided these costs are documented to Deer Solution's satisfaction.