Is the name "DryJect®" potentially in use by other businesses in the United States who are not Dryject franchisees or affiliated with Dryject?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
We have no actual knowledge of either superior prior rights or infringing uses that could materially affect a Franchise Owner's use of the Marks in any state. We cannot prevent anyone who began using the name "DryJect®" before our use of it from continuing their use of that name in the area of prior use. The name "DryJect®" may be in use by other businesses in the United States who are not our franchisees or in any way affiliated with us. You are responsible for finding out whether the name "DryJect®" is already being used in the Designated Territory.
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.
Source: Item 13 — TRADEMARKS (FDD pages 35–36)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, the name "DryJect®" may be in use by other businesses in the United States that are not Dryject franchisees or affiliated with Dryject. Dryject acknowledges that it cannot prevent anyone who used the name before Dryject did from continuing to use it in the area of prior use. Therefore, a prospective franchisee needs to determine if the name is already in use in their designated territory.
This means a potential Dryject franchisee could face competition from other businesses using the same name, which could impact their marketing efforts and brand recognition within their territory. It is the franchisee's responsibility to investigate potential conflicts before establishing their business. This differs from many franchise systems where the franchisor typically handles trademark protection and ensures brand exclusivity within a territory.
Dryject does not offer defense or indemnification against claims of infringement or unfair competition arising from the franchisee's use of the marks. If litigation occurs or is threatened, the franchisee must notify Dryject promptly and cooperate fully in defending or settling the litigation. However, Dryject retains the right to control any administrative proceeding or litigation involving a trademark licensed to the franchisee, should they elect to protect the marks or the franchisee against infringement claims.
Prospective franchisees should conduct a thorough trademark search in their designated territory and consult with an attorney to assess the potential risks associated with using the DryJect® name. They should also inquire about Dryject's experience in dealing with similar trademark conflicts and what support, if any, Dryject might offer in such situations.