How does Dryject's Item 13 trademark usage relate to the franchisee's obligations in Item 9?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 13: TRADEMARKS]
Your Franchise Agreement provides that any use of the Marks that is not authorized is an infringement. You may not use the Marks as part of your corporate or other legal name, website address, e-mail address, domain name or other identification in any print, electronic or other medium, or with any prefix, suffix or other modifying word, term, symbol or design without our consent. All rights in, and goodwill from, the use of the Marks accrue solely to us.
Under the Franchise Agreement, we grant you the right and license to use the Marks and the System solely in connection with your Franchised Business. You may use only the Mark "DryJect®" and other Marks as are we may designate in writing by for your use, and you may use them only in the manner authorized and permitted by us. You may not directly or indirectly contest our ownership of or rights in the Marks.
The Franchise Agreement does not contain any provisions under which we are required to defend or indemnify you against any claims of infringement or unfair competition arising out of your use of the Marks. If litigation involving the Marks is instituted or threatened against you, you must notify us promptly and cooperate fully with us in defending or settling the litigation. Should we elect to protect the Marks or protect you against claims of infringement, we will have the right to control any administrative proceeding or litigation involving a trademark licensed by us to you.
You must sign all documents requested by us or our counsel that are necessary to protect our Marks or to maintain their validity and enforceability.
| Obligation | Section in Agreement | Disclosure Document Item |
|---|---|---|
| g. Compliance with standards | FA § 9, 10, 11, 12, 15 & 17 | Ite |
What This Means (2025 FDD)
According to the 2025 Dryject Franchise Disclosure Document, Item 13 discusses trademarks, and it relates to Item 9, which outlines the franchisee's obligations. Item 13 states that the Franchise Agreement specifies that any unauthorized use of Dryject's marks is an infringement. Franchisees cannot use the marks as part of their corporate name, website address, or in any other medium without Dryject's consent. All goodwill from the use of the marks accrues to Dryject. The franchisee's obligations in Item 9 include compliance with standards as specified in various sections of the Franchise Agreement, which relate to the proper use of Dryject's trademarks.
Item 13 also clarifies that Dryject grants the franchisee the right to use the marks and the Dryject system solely in connection with their franchised business. Franchisees can only use the Dryject mark and other marks designated by Dryject in writing and only in the manner authorized. Franchisees cannot contest Dryject's ownership of the marks. This ties into the franchisee's obligations to maintain Dryject's standards and protect its brand identity.
Furthermore, Item 13 states that the Franchise Agreement does not require Dryject to defend or indemnify the franchisee against infringement claims arising from the use of the marks. Franchisees must notify Dryject promptly of any litigation involving the marks and cooperate fully in defending or settling the litigation. Dryject has the right to control any administrative proceeding or litigation involving a trademark licensed to the franchisee. Franchisees must also sign documents necessary to protect Dryject's marks. This highlights the franchisee's responsibility to protect Dryject's trademarks and cooperate with Dryject in any legal matters related to trademark usage.