What is the Dryer Vent Squad franchisee required to do to receive indemnification for trademark infringement?
Dryer_Vent_Squad Franchise · 2024 FDDAnswer from 2024 FDD Document
We will protect your right to use the Licensed Marks and other related rights and protect you against claims of infringement and unfair competition related to the Licensed Marks, provided that you use the Licensed Marks in accordance with the terms of your Franchise Agreement, as designated by us in the Manuals, and otherwise, as we instruct you. We will indemnify you against direct damages for trademark infringement in a proceeding arising out of your use of the Licensed Marks, provided your use of the Licensed Marks comply with the terms of your Franchise Agreement, the Manuals, our written instructions, and that you have timely notified us of the claim, have given us sole control of the defense and settlement of the claim, and you are in compliance with your Franchise Agreement. If we defend the claim, we have no obligation to indemnify or reimburse you with respect to any fees or disbursements of any attorney that you retain.
Source: Item 13 — TRADEMARKS (FDD pages 38–39)
What This Means (2024 FDD)
According to the 2024 Dryer Vent Squad Franchise Disclosure Document, Dryer Vent Squad will protect a franchisee's right to use the licensed marks and defend against infringement claims if the franchisee adheres to several conditions. Specifically, the franchisee must use the licensed marks according to the terms outlined in the Franchise Agreement, as detailed in the manuals, and as otherwise instructed by Dryer Vent Squad.
Dryer Vent Squad will indemnify the franchisee against direct damages in a trademark infringement proceeding if the franchisee's use of the marks complies with the Franchise Agreement, the manuals, and Dryer Vent Squad's written instructions. Furthermore, the franchisee must promptly notify Dryer Vent Squad of any claim, grant Dryer Vent Squad sole control over the defense and settlement of the claim, and remain in compliance with the Franchise Agreement.
It is important to note that if Dryer Vent Squad defends the claim, they are not obligated to cover the fees or disbursements of any attorney retained by the franchisee. These stipulations ensure that Dryer Vent Squad maintains control over trademark-related legal matters while offering protection to franchisees who follow the established guidelines and agreements.