Must I sign documents necessary for the protection of Deer Solution's interests in the 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, as a franchisee, you are obligated to sign documents, instruments, and agreements, and take actions that Deer Solution, with the advice of its legal counsel, deems necessary to protect and maintain its interests in the Licensed Marks. This includes any legal or administrative proceedings, or other situations determined by Deer Solution. This requirement ensures that Deer Solution can comprehensively safeguard its trademarks and brand identity.
Deer Solution will reimburse you for reasonable out-of-pocket administrative expenses incurred while complying with these written instructions. This suggests that while you are responsible for taking the required actions, Deer Solution will cover the direct costs associated with these actions, providing some financial relief.
Deer Solution also commits to protecting your right to use the Licensed Marks and defending you against infringement claims, provided your use aligns with the Franchise Agreement, Manuals, and their instructions. They will indemnify you against direct damages for trademark infringement arising from your compliant use of the Licensed Marks, given that you promptly notify them of any claims, allow them sole control over the defense and settlement, and remain compliant with your Franchise Agreement. However, Deer Solution is not obligated to cover attorney fees if you choose to retain your own counsel when they are defending the claim.