Are there any pending material litigations involving the Marks for Even Hotels that could materially affect a franchisee's use of the principal trademarks?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
There are no effective determinations of the USPTO, Trademark Trial and Appeal Board, the Trademark Administrator of any state or any court, and no pending interference, no known infringing use or opposition or cancellation proceedings or any pending material litigation involving the Marks that could materially affect your use of the principal trademarks.
You must notify Holiday immediately when you learn of an infringement, or a challenge to your use of the Marks. You must also notify Holiday promptly of any objections, demands, controversies, allegations or actions asserted or taken by third parties involving any of the Marks or any part of the Brand System of which you become aware and of any potentially infringing or unauthorized uses of any of the Marks or any part of the Brand System of which you become aware. You must sign any documents Holiday or its counsel consider necessary to protect the Marks or any part of the Brand System and obtain or maintain their continued validity and enforceability. However, the License does not require Holiday to take action against infringers or to indemnify or defend you if you are a party to a proceeding involving the Marks.
SCH, Holiday and their affiliates have the right to control any administrative proceedings or litigation involving a trademark licensed by Holiday to you. Only SCH, Holiday and their affiliates have the right and responsibility to handle disputes concerning use of all or any part of the Brand System, at their expense. You must cooperate fully with SCH, Holiday and their affiliates in these matters. Any sums SCH, Holiday or their affiliates recover as a result of disputes with third parties regarding use of the Brand System is theirs. You may not initiate litigation against infringers to enforce or protect the Brand System.
If Holiday modifies or discontinues use of any of the Marks licensed to you as a result of any proceeding or settlement, then you must comply with Holiday's instructions in order to implement the modification or discontinuation. You will have no right to any compensation or other remedies from SCH, Holiday or any of its or their respective subsidiaries, affiliates or parents due to any modification or discontinuation of any of the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 83–85)
What This Means (2025 FDD)
According to Even Hotels's 2025 Franchise Disclosure Document, there are no pending material litigations involving the Marks that could materially affect a franchisee's use of the principal trademarks. The FDD states that there are no effective determinations by the USPTO, Trademark Trial and Appeal Board, or any court, and no pending interferences, known infringing uses, opposition or cancellation proceedings, or any pending material litigation involving the Marks that could materially affect a franchisee's use of the principal trademarks. This provides some assurance to potential franchisees that their use of the Even Hotels trademarks is unlikely to be disrupted by legal challenges. However, franchisees are obligated to notify Holiday immediately if they become aware of any infringement or challenges to the use of the Marks.
Even Hotels retains control over any administrative proceedings or litigation involving the trademarks licensed to the franchisee. The franchisee is required to cooperate fully with Even Hotels and its affiliates in these matters. Franchisees are not allowed to initiate litigation against infringers to enforce or protect the Brand System. This means that while franchisees are expected to report any potential trademark issues, Even Hotels maintains the sole right to handle disputes concerning the use of the Brand System.
If Even Hotels modifies or discontinues the use of any licensed Marks due to a proceeding or settlement, franchisees must comply with Holiday's instructions to implement the modification or discontinuation. The franchisee will not be entitled to any compensation or remedies from SCH, Holiday, or their affiliates due to any modification or discontinuation of the Marks. This highlights a potential risk for franchisees, as they may need to adapt their branding and marketing materials at their own expense if Even Hotels decides to change its trademarks.