Are there any pending infringement proceedings that Deka Lash unsuccessfully sought to prevent?

According to Deka Lash's 2024 Franchise Disclosure Document, there are no current determinations by the USPTO, the Trademark Trial and Appeal Board, any state trademark administrator, or any court regarding pending infringement, opposition, or cancellation proceedings where Deka Lash unsuccessfully tried to prevent a trademark registration to protect one of its licensed trademarks. Additionally, there is no pending material federal or state court litigation concerning Deka Lash's trademark use or ownership rights. This indicates that Deka Lash is not currently involved in any legal battles where it has tried and failed to block others from registering similar trademarks. This provides some assurance to potential franchisees that the Deka Lash brand and trademarks are not under immediate legal threat from such proceedings.

However, the FDD also states that if a franchisee learns of any infringement claims against them, they must promptly notify Deka Lash. While Deka Lash has the sole right to control any administrative proceedings or litigation involving their trademarks, the Franchise Agreement does not require Deka Lash to participate in the franchisee's defense or cover their expenses or damages if they are involved in a trademark-related proceeding. This means that while Deka Lash owns the trademarks and will likely take the lead in any legal action, the franchisee may bear the financial burden of defending themselves in such cases.

Furthermore, Deka Lash states that they are unaware of any superior prior rights or infringing uses that could materially affect a franchisee's use of their Marks. However, if Deka Lash discontinues or modifies its Marks, franchisees must adopt and use any new marks as required by Deka Lash, with any associated expenses being the franchisee's responsibility. This highlights the importance of franchisees staying informed about any changes to the Deka Lash brand and being prepared to adapt accordingly, potentially incurring costs in the process.