Are there any pending infringement, opposition, or cancellation proceedings related to the Desi District trademarks?

According to Desi District's 2024 Franchise Disclosure Document, there are no pending infringement, opposition, or cancellation proceedings concerning their trademarks. This means that, as of the FDD's publication, no legal challenges are currently underway that could threaten Desi District's right to use or license its trademarks. This provides a degree of assurance to potential franchisees that the brand's trademarks are secure from such challenges. Desi District also states that there is no pending material federal or state court litigation regarding their use or ownership rights in a trademark.

Desi District, LLC, an affiliate, owns the trademarks, and Desi District has the exclusive right to sublicense these trademarks to franchisees through an Intercompany License Agreement. This agreement is perpetual and can only be modified by mutual consent. It can be canceled by Desi District, LLC if Desi District misuses the trademarks and fails to correct the misuse, or if Desi District discontinues commercial use of the trademarks for over a year. Importantly, the agreement specifies that termination of the Intercompany License Agreement will not affect a franchisee's rights.

Desi District also commits to protecting a franchisee's right to use the licensed trademarks and will defend and indemnify the franchisee against infringement claims arising from their use of the trademarks, provided the franchisee uses the trademarks in accordance with the franchise agreement. However, Desi District may require a franchisee to modify or discontinue using a trademark at the franchisee's expense. Franchisees are obligated to notify Desi District of any identical or confusingly similar trademark uses or claims, although Desi District is not required to take action upon notification but has the right to control any related administrative or legal proceedings.

Desi District also states that they are not aware of any superior prior rights or infringing uses that could materially affect a franchisee's use of the principal trademarks. This statement, combined with the absence of pending legal challenges, suggests that Desi District has conducted due diligence to ensure the trademarks' validity and protectability. However, it is important for prospective franchisees to conduct their own independent research and consult with legal counsel to assess the risks associated with trademark use in their specific geographic area.