Who has the sole discretion to take action regarding any infringement, challenge, or claim relating to the Dryject Marks?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
Your use of the Marks, of which You become aware, and of any claim by any person of any right in the Marks or any similar trade names, trademarks, or service marks, trade dress, trade symbols, signs, slogans, associated logos, designs, emblems, e-marks, copyrights and commercial symbols of which You become aware. You shall not directly or indirectly communicate with any person other than Us and Our counsel in connection with any such infringement, challenge, or claim. We shall have sole discretion to take such action as We deem appropriate and shall have the right to exclusively control any litigation, U.S. Patent and Trademark Office proceeding, or other judicial or administrative proceeding arising out of such infringement, challenge or claim or otherwise relating to the Marks. You agree to execute any and all instruments and documents, render such assistance, and do such acts and things as may, in the opinion of Our counsel, be necessary or advisable to protect and maintain Our interests in any such litigation, U.S. Patent and Trademark Office proceeding, or other judicial or administrative proceeding, or to otherwise protect and maintain Our interest in the Marks.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to the 2025 Dryject Franchise Disclosure Document, Dryject retains sole discretion to act on any infringement, challenge, or claim related to its trademarks. As a franchisee, you are required to notify Dryject immediately in writing if you become aware of any potential infringement or challenges to the Dryject Marks. You are prohibited from communicating directly with any party other than Dryject and its counsel regarding such matters.
Dryject has the exclusive right to control any litigation, U.S. Patent and Trademark Office proceeding, or other judicial or administrative proceeding arising from infringement, challenge, or claim, or otherwise relating to the Marks. As a franchisee, you must execute any documents, provide assistance, and perform any actions deemed necessary by Dryject's counsel to protect and maintain Dryject's interests in any legal proceedings or to safeguard its interest in the Marks.
This means that while franchisees are obligated to report any potential trademark issues, they have no control over how Dryject chooses to address the situation. Dryject has the authority to decide whether to pursue legal action, negotiate a settlement, or take no action at all. Franchisees must comply with Dryject's decisions and provide any necessary support to protect the brand's trademarks.
Dryject also has the right to modify or discontinue the use of the Marks, and franchisees must comply with Dryject's directions to change or modify the marks within a reasonable time after notice. The franchisee is responsible for the tangible costs for modifying or changing the Marks, including but not limited to changing signs and advertising materials. This underscores the importance of Dryject's control over its brand identity and the franchisee's obligation to adhere to Dryject's decisions regarding the Marks.