Who controls litigation related to Dermani Medspa trademark infringement?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
We agree to reimburse you for all damages and expenses that you incur in any trademark infringement proceeding disputing your authorized use of any Mark under this Agreement, provided you have notified us immediately upon your becoming aware of such infringement, you comply with our directions in responding to the proceeding, and you have used the Mark(s) in compliance with this Agreement, the Manual, and other directives from us. At our option, we may defend or control the defense of any proceeding arising from your use of any Mark under this Agreement.
If it becomes advisable at any time in our sole judgment for you to modify or discontinue using any Mark or for you and the dermani MEDSPA® to use one or more additional or substitute trade or service marks, you will have to immediately comply with our directions. Neither we nor our affiliates will have any obligation to reimburse you for any expenditures you make because of any discontinuance or modification.
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, the franchisor maintains exclusive control over any litigation, U.S. Patent and Trademark proceeding, or other administrative proceeding arising from any infringement, challenge, or claim concerning any Mark. This means that Dermani Medspa, not the franchisee, decides how to handle legal matters related to trademark issues.
This control extends to deciding whether or not to take any action at all. The franchisee is obligated to immediately notify Dermani Medspa of any potential infringement or challenges to the use of any Mark. The franchisee must also refrain from communicating with anyone other than Dermani Medspa, their attorneys, and the franchisee's own attorneys regarding any infringement, challenge, or claim.
Furthermore, the franchisee is required to sign any documents and take any reasonable actions deemed necessary by Dermani Medspa's attorneys to protect and maintain their interests in any litigation or U.S. Patent and Trademark or other proceeding. Dermani Medspa will reimburse the franchisee for costs incurred when taking actions specifically requested by them. Dermani Medspa may also choose to defend or control the defense of any proceeding arising from the franchisee's use of any Mark under the Franchise Agreement.
In the event it becomes necessary to modify or discontinue using any Mark, the franchisee must immediately comply with Dermani Medspa's directions. However, neither Dermani Medspa nor its affiliates are obligated to reimburse the franchisee for any expenditures resulting from such discontinuance or modification.