Does Devon Creek hold any patents material to the franchise?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
Devon Creek | 97880507 | April 10, 2023 | Principal | We do not have a federal registration for our principal trademark. Therefore, our trademark does not have many legal benefits and rights as a federally registered trademark. If our right to use the trademark is challenged, you may have to change to an alternative trademark, which may increase your expenses.
You must notify us immediately when you learn about an infringement of or challenge to your use of the Principal Marks or other Marks. Licensor and we will take any action we think appropriate and, if you have given us timely notice and are in full compliance with the Franchise Agreement, we will indemnify you for all expenses and damages arising from any claim challenging your authorized use of the Principal Marks or other Marks. Licensor and we have the right to control any administrative proceedings or litigation involving the Principal Marks or other Mark licensed by us to you. You must cooperate fully with Licensor and us in defending and/or settling the litigation.
We reserve the right to substitute different Marks if we can no longer use the current Marks, or if we determine that substitution of different Marks will be beneficial to the System. In such event, we may require you, at your expense, to modify or stop using any Mark, including the Principal Marks, or to use one or more additional or substitute Marks.
You must not directly or indirectly contest Licensor's right, or our right, to the Principal Marks or other Marks.
There are no currently effective material determinations of the United States Patent and Trademark Office, the Trademark Trial and Appeals Board, the Trademark Administration of any state, or any court relating to the Marks. There is no pending infringement, opposition, or cancellation. There is no pending material federal or state court litigation involving the Principal Marks or other Marks.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 35–36)
What This Means (2024 FDD)
According to the 2024 Devon Creek FDD, the document does not explicitly state whether Devon Creek owns any patents material to the franchise. However, the FDD does address trademarks. Devon Creek IP, LLC owns the Marks and grants Devon Creek Franchise Group, LLC the exclusive right to use and license these Marks to franchisees. Devon Creek has filed an application for registration of its principal marks with the United States Patent and Trademark Office.
Devon Creek does not have a federal registration for its principal trademark, which means the trademark lacks many legal benefits and rights that a federally registered trademark would provide. If the right to use the trademark is challenged, franchisees may have to switch to an alternative trademark, potentially increasing their expenses. Franchisees must notify Devon Creek immediately if they learn of any infringement or challenges to the use of the Principal Marks. Devon Creek and its licensor will decide what action to take and may indemnify the franchisee for expenses and damages if the franchisee has provided timely notice and is in full compliance with the Franchise Agreement.
Devon Creek retains the right to substitute different Marks if the current Marks can no longer be used or if a substitution would benefit the System. In such cases, franchisees may be required to modify or stop using any Mark, including the Principal Marks, or to use additional or substitute Marks, all at their own expense. Franchisees are prohibited from contesting the rights of Devon Creek or its Licensor to the Principal Marks. There are currently no effective material determinations by the United States Patent and Trademark Office or any court relating to the Marks, and there are no pending infringements, oppositions, or cancellations.