Is there any pending material litigation involving the Dryject trademarks?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
There are no effective material determinations of the USPTO, the Trademark Trial and Appeals Board, the Trademark Administrator of any state or any court relating to the Mark "DryJect®". There is no pending infringement, opposition or cancellation proceeding. There is no pending material litigation involving the Marks. We have filed all required affidavits the USPTO.
There are no agreements currently in effect that significantly limit our right to use or license the use of the Marks in a manner material to the franchise. The logo is part of the Company's Marks.
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.
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.
Source: Item 13 — TRADEMARKS (FDD pages 35–36)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, there is no pending material litigation involving the DryJect trademarks. The FDD also states that there are no effective material determinations of the USPTO, the Trademark Trial and Appeals Board, or any court relating to the DryJect mark. Furthermore, there are no pending infringement, opposition, or cancellation proceedings concerning the trademarks. Dryject has also filed all required affidavits with the USPTO. This indicates that Dryject is actively protecting its trademarks.
However, the FDD also notes that Dryject cannot prevent anyone who began using the name "DryJect®" before their use of it from continuing their use of that name in the area of prior use. It is also possible that the name "DryJect®" may be in use by other businesses in the United States who are not Dryject franchisees or affiliated with them. The FDD places the responsibility on the franchisee to find out whether the name "DryJect®" is already being used in their Designated Territory.
It is important to note that the Franchise Agreement does not contain any provisions under which Dryject is required to defend or indemnify the franchisee against any claims of infringement or unfair competition arising out of the use of the marks. If litigation involving the marks is instituted or threatened against a franchisee, the franchisee must notify Dryject promptly and cooperate fully in defending or settling the litigation. Dryject retains the right to control any administrative proceeding or litigation involving a trademark licensed by them to the franchisee should they elect to protect the marks or protect the franchisee against claims of infringement.
Dryject may substitute different Marks to identify the business conducted under the DryJect® System if they can no longer use or license the Marks, or if they decide that substitution of different Marks is good for the business. If that happens, the franchisee must make the modifications required by Dryject within a reasonable time after they are notified that Dryject has decided to substitute different trademarks to identify the Franchised Business and the franchisee will be responsible for their tangible costs of complying (for example, changing signs or advertising materials).