What must a Dermani Medspa franchisee do if they notice an apparent infringement on the use of any Mark?
Dermani_Medspa Franchise · 2025 FDDAnswer from 2025 FDD Document
You agree to give the notices of trade and service mark registrations that we specify and to obtain any fictitious or assumed name registrations required under applicable law.
- **5.3.
Notification of Infringements and Claims.** 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 23 — RECEIPTS (FDD pages 66–311)
What This Means (2025 FDD)
According to the 2025 Dermani Medspa Franchise Disclosure Document, if a franchisee notices an apparent infringement or challenge to their use of any Mark, or if someone claims rights to a Mark, they must immediately notify Dermani Medspa. The franchisee is instructed not to communicate with anyone other than Dermani Medspa, their attorneys, and 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 also has exclusive control over any litigation, U.S. Patent and Trademark proceeding, or other administrative proceeding related to any infringement, challenge, or claim concerning any Mark.
The franchisee is required to sign any documents and take any reasonable action that Dermani Medspa's attorneys consider necessary or advisable to protect and maintain Dermani Medspa's interests in any litigation, U.S. Patent and Trademark, or other proceeding, or to protect and maintain their interests in the Marks. Dermani Medspa will reimburse the franchisee for the costs of taking any action that Dermani Medspa has requested them to take. This is a fairly standard clause in franchise agreements, as the franchisor is responsible for protecting its brand's intellectual property.