Is Deer Solution required to participate in a franchisee's defense or indemnify them for damages in a copyright or patent proceeding?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
You must provide us with immediate notice if you learn of any unauthorized use of the Manuals or of the information contained in the Manuals, or any infringement or challenge to the proprietary or confidentiality of the information contained in the Manuals. We will take any and all action(s) or, refrain from taking action, that we determine, in our discretion, to be appropriate. We may control any action or legal proceeding we choose to bring. We need not participate in your defense or indemnify you for damages or expenses in a proceeding involving a copyright or patent. If any third party establishes to our satisfaction, in our discretion, that it possesses rights superior to ours, then you must modify or discontinue your use of these materials in accordance with our written instructions.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD page 39)
What This Means (2025 FDD)
According to Deer Solution's 2025 Franchise Disclosure Document, Deer Solution is not required to participate in a franchisee's defense or indemnify them for damages or expenses in a proceeding involving a copyright or patent. This means that if a franchisee is sued for copyright or patent infringement related to their Deer Solution franchise, they will be responsible for their own defense and any resulting damages. This is a potential risk for franchisees, as legal costs can be significant.
Deer Solution retains the right to control any legal action or proceeding they choose to bring. Additionally, if a third party demonstrates rights superior to Deer Solution's, the franchisee must modify or discontinue the use of the materials in question according to Deer Solution's written instructions. This highlights the importance of franchisees adhering to approved materials and methods to minimize the risk of intellectual property disputes.
While Deer Solution does not offer indemnification, the FDD does list a utility patent with serial number 18/384,937, filed on October 30, 2023, for an "ANIMAL AND INSECT REPELLENT AND METHOD OF ITS USE". This patent is part of the Deer Solution system and will be used by franchisees in their franchised business operations. Franchisees should ensure they fully understand the scope of this patent and any other intellectual property rights associated with the Deer Solution system to avoid potential infringement issues.