What are the 'Marks' associated with a Desi District franchise?
Desi_District Franchise · 2024 FDDAnswer from 2024 FDD Document
"Marks" means the trade name and logo contained on the Summary Page, and all other trade names, trademarks, service marks and logos specified by Desi District Franchise Group from time to time for use in a Desi District business.
ARTICLE 12. MARKS
- 12.1 Authorized Marks. Franchisee shall use no trademarks, service marks or logos in connection with the Business other than the Marks. Franchisee shall use all Marks specified by Desi District Franchise Group, and only in the manner as Desi District Franchise Group may require. Franchisee has no rights in the Marks other than the right to use them in the operation of the Business in compliance with this Agreement. All use of the Marks by Franchisee and any goodwill associated with the Marks, including any goodwill arising due to Franchisee's operation of the Business, will inure to the exclusive benefit of Desi District Franchise Group.
- 12.2 Change of Marks. Desi District Franchise Group may add, modify, or discontinue any Marks to be used under the System. Within a reasonable time after Desi District Franchise Group makes any such change, Franchisee must comply with the change, at Franchisee's expense.
12.3 Infringement.
12.3 Infringement.
- (b) Infringement by Third Party. Franchisee shall promptly notify Desi District Franchise Group if Franchisee becomes aware of any possible infringement of a Mark by a third party. Desi District Franchise Group may, in its sole discretion, commence or join any claim against the infringing party.
- (c) Control. Desi District Franchise Group shall have the exclusive right to control any prosecution or defense of any Action related to possible infringement of or by the Marks.
- 12.4 Name. If Franchisee is an entity, it shall not use the words "Desi District" or any confusingly similar words in its legal name.
Source: Item 22 — CONTRACTS (FDD page 52)
What This Means (2024 FDD)
According to the 2024 Desi District Franchise Disclosure Document, the 'Marks' encompass the trade name and logo specified on the Summary Page of the franchise agreement. Additionally, the term includes any other trade names, trademarks, service marks, and logos that Desi District may designate for use in the Desi District business from time to time.
Desi District retains the right to modify or discontinue any of the Marks used within the System, and franchisees are obligated to comply with these changes at their own expense within a reasonable timeframe. Franchisees are only authorized to use the Marks as specified by Desi District and in accordance with the franchise agreement. All goodwill associated with the Marks, including any goodwill arising from the franchisee's operation of the business, accrues exclusively to the benefit of Desi District.
Franchisees are required to notify Desi District promptly if they become aware of any potential infringement of a Mark by a third party. Desi District has the exclusive right to control any legal action related to infringement of the Marks. If a franchisee uses the Marks in accordance with the agreement, Desi District will defend the franchisee against any third-party action alleging infringement and will indemnify the franchisee for expenses and damages if the action is resolved unfavorably to the franchisee. However, franchisees are prohibited from using "Desi District" or any confusingly similar words in their legal entity name.