Is Deka Lash required to take affirmative action when notified of trademark infringement claims?

According to Deka Lash's 2024 Franchise Disclosure Document, Deka Lash is not required to take affirmative action if a franchisee notifies them of potential trademark infringement claims. However, if a franchisee learns of any claim against them for alleged infringement, unfair competition, or similar claims about the Marks, the franchisee must promptly notify Deka Lash.

Furthermore, Deka Lash retains the sole right to control any administrative proceedings or litigation involving a trademark licensed to the franchisee. The Franchise Agreement does not obligate Deka Lash to participate in the franchisee's defense or to provide indemnity for expenses or damages if the franchisee is involved in an administrative or judicial proceeding concerning a licensed trademark, or if the proceeding's outcome is unfavorable to the franchisee.

This arrangement places the onus on the franchisee to inform Deka Lash of any potential trademark issues, while Deka Lash maintains control over the legal proceedings without being obligated to provide direct support or financial assistance to the franchisee. The franchisee bears the risk of expenses and damages arising from such legal challenges.