obligation

What must a Dermani Medspa franchisee do to be eligible for reimbursement of damages and expenses in a trademark infringement proceeding?

Dermani_Medspa Franchise · 2025 FDD

Answer from 2025 FDD Document

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.

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, a franchisee may be eligible for reimbursement of damages and expenses incurred during a trademark infringement proceeding if they meet specific conditions. To qualify for reimbursement, the franchisee must immediately notify Dermani Medspa upon becoming aware of the infringement. They must also comply with Dermani Medspa's directions in responding to the proceeding. Finally, the franchisee must have used the trademarks in compliance with the Franchise Agreement, the Manual, and any other directives issued by Dermani Medspa.

If these conditions are met, Dermani Medspa agrees to reimburse the franchisee for all damages and expenses incurred during the trademark infringement proceeding that disputes the franchisee's authorized use of any Mark under the Franchise Agreement. Dermani Medspa also retains the option to defend or control the defense of any proceeding arising from the franchisee's use of any Mark under the Franchise Agreement.

It is important for prospective Dermani Medspa franchisees to understand these conditions, as failure to comply with them could result in the franchisee being responsible for all damages and expenses incurred in a trademark infringement proceeding. Franchisees should ensure they understand and adhere to all guidelines regarding trademark usage to maintain eligibility for reimbursement.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.