Are there any pending infringement proceedings involving the Dryer Vent Squad Licensed Marks?
Dryer_Vent_Squad Franchise · 2024 FDDAnswer from 2024 FDD Document
on Number | Registration Type | Registration Date | |---|---|---|---| | | 5594500 | Principal | October 30, 2018 | There are no currently effective material determinations of the USPTO, the Trademark Trial and Appeal Board and/or the trademark administrator in any state or any court; no pending infringement, opposition or cancellation proceedings; and no pending litigation involving the Licensed Marks. We know of no superior rights or infringing uses that could materially affect your use of the Licensed Marks or other related rights in any state.
You are required to provide us with written notice of any claims that you may become aware of respecting the Licensed Marks, including your use of the Licensed Marks and/or any claim associated with a third party's use of a trademark that is identical or confusingly similar to the Licensed Marks. We maintain the exclusive discretion to take any and all actions, or to refrain from any action, that we believe to be appropriate in response to any trademark infringement, challenge or claim. As between us, we possess the sole right to exclusively control any and all litigation, legal proceedings, administrative proceedings and/or settlement(s) involving any actual or alleged infringement, challenge or claim relating to the Licensed Marks. You must sign all documents, instruments and agreements and undertake the actions that we, with the advice of our legal counsel, determine to be necessary or advisable for the protection and/or maintenance of our interests in the Licensed Marks in any legal proceeding,
administrative proceeding or as may be otherwise determined by us. As to the foregoing, we will reimburse you for the reasonable out-of-pocket administrative expenses that you incur and pay in complying with our written instructions.
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.
Source: Item 13 — TRADEMARKS (FDD pages 38–39)
What This Means (2024 FDD)
According to the 2024 Dryer Vent Squad Franchise Disclosure Document, there are no pending infringement, opposition, or cancellation proceedings, and no pending litigation involving the Licensed Marks. Additionally, Dryer Vent Squad states that they are not aware of any superior rights or infringing uses that could materially affect a franchisee's use of the Licensed Marks. This indicates that Dryer Vent Squad is not currently involved in any legal disputes regarding its trademarks.
Dryer Vent Squad requires franchisees to provide written notice of any claims they become aware of regarding the Licensed Marks, including any claims associated with a third party's use of a trademark that is identical or confusingly similar to the Licensed Marks. Dryer Vent Squad maintains exclusive discretion to take any and all actions, or to refrain from any action, that they believe to be appropriate in response to any trademark infringement, challenge, or claim. Franchisees must sign all documents and undertake the actions that Dryer Vent Squad determines necessary for the protection and maintenance of their interests in the Licensed Marks.
Dryer Vent Squad will protect a franchisee's right to use the Licensed Marks and other related rights and protect them against claims of infringement and unfair competition related to the Licensed Marks, provided that the franchisee uses the Licensed Marks in accordance with the terms of the Franchise Agreement, as designated by Dryer Vent Squad in the Manuals, and otherwise, as they instruct. Dryer Vent Squad will indemnify franchisees against direct damages for trademark infringement in a proceeding arising out of their use of the Licensed Marks, provided their use of the Licensed Marks complies with the terms of the Franchise Agreement, the Manuals, Dryer Vent Squad's written instructions, and that they have timely notified Dryer Vent Squad of the claim, have given them sole control of the defense and settlement of the claim, and they are in compliance with their Franchise Agreement.