What action can Dermani Medspa take if there is an infringement or challenge to the use of any Mark?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
ial to the franchise, and we know of no superior prior rights or infringing uses that could materially affect your use of the Marks in any state.
You agree to notify us immediately of any apparent infringement or challenge to your use of any Mark, or of any person's claim of any rights in any Mark, and not to communicate with any person other than us, our attorneys, and your attorneys, regarding any infringement, challenge, or claim. We may take the action we deem appropriate (including no action) and control exclusively any litigation, U.S. Patent and Trademark proceeding, or other administrative proceeding arising from any infringement, challenge, or claim or otherwise concerning any Mark. You agree to sign any documents and take any other reasonable action that, in the opinion of our attorneys, are necessary or advisable to protect and maintain our interests in any litigation or U.S. Patent and Trademark or other proceeding or otherwise to protect and maintain our interests in the Marks. We will reimburse you for your costs of taking any action that we have asked you to take.
Source: Item 13 — TRADEMARKS, SERVICE MARKS, TRADE NAMES, LOGOTYPES, AND COMMERCIAL SYMBOLS (FDD pages 46–47)
What This Means (2025 FDD)
According to Dermani Medspa's 2025 Franchise Disclosure Document, if a franchisee becomes aware of any apparent infringement or challenge to the use of any Mark, they must immediately notify Dermani Medspa. The franchisee is instructed not to communicate with anyone other than Dermani Medspa, their attorneys, or the franchisee's attorneys regarding the infringement, challenge, or claim.
Dermani Medspa retains the right to take any action it deems appropriate, including taking no action at all. Dermani Medspa has exclusive control over any litigation, U.S. Patent and Trademark proceeding, or other administrative proceeding arising from any infringement, challenge, claim, or other issue concerning any Mark. The franchisee must sign any documents and take any other reasonable action necessary to protect and maintain Dermani Medspa's interests in any litigation or U.S. Patent and Trademark or other proceeding. Dermani Medspa will reimburse the franchisee for the costs of taking any action that Dermani Medspa has requested the franchisee to take.
Furthermore, Dermani Medspa may require a franchisee to modify or discontinue using any Mark if it becomes advisable in Dermani Medspa's sole judgment. The franchisee must immediately comply with Dermani Medspa's directions in such cases. However, neither Dermani Medspa nor its affiliates are obligated to reimburse the franchisee for any expenditures incurred due to the discontinuance or modification of a Mark.