What must a Face Foundrie franchisee do if they become aware of any unauthorized use of the Marks?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
You must promptly notify us of any unauthorized use of the Marks, any challenge to the validity of the Marks, or any challenge to our ownership of, right to use and to license others to use, or your right to use, the Marks. We have the right to direct and control any administrative proceeding or litigation involving the Marks, including any settlement. We have the right, but not the obligation, to take action against uses by others that may constitute infringement of the Marks. We will defend you against any third-party claim, suit, or demand arising out of your use of the Marks, and bear the cost of any judgment or settlement, if we determine that you have used the Marks in accordance with the Franchise Agreement. However, if we determine that you have not used the Marks in accordance with the Franchise Agreement, you must bear the cost of defense, including the cost of any judgment or settlement. If there is any litigation relating to your use of the Marks, you must sign all documents and do all things as may be necessary to carry out a defense or prosecution, including becoming a nominal party to any legal action. Unless litigation results from your use of the Marks in a manner inconsistent with the terms of the Franchise Agreement we will also reimburse you for your out-ofpocket costs.
Source: Item 13 — TRADEMARKS (FDD pages 46–47)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, franchisees must promptly notify Face Foundrie of any unauthorized use of the Marks. This includes any challenge to the validity of the Marks, or any challenge to Face Foundrie's ownership of, right to use and to license others to use, or the franchisee's right to use, the Marks. Face Foundrie has the right to direct and control any administrative proceeding or litigation involving the Marks, including any settlement. They also have the right, but not the obligation, to take action against uses by others that may constitute infringement of the Marks.
Face Foundrie will defend the franchisee against any third-party claim, suit, or demand arising out of the franchisee's use of the Marks, and bear the cost of any judgment or settlement, if Face Foundrie determines that the franchisee has used the Marks in accordance with the Franchise Agreement. However, if Face Foundrie determines that the franchisee has not used the Marks in accordance with the Franchise Agreement, the franchisee must bear the cost of defense, including the cost of any judgment or settlement.
If there is any litigation relating to the franchisee's use of the Marks, the franchisee must sign all documents and do all things as may be necessary to carry out a defense or prosecution, including becoming a nominal party to any legal action. Unless litigation results from the franchisee's use of the Marks in a manner inconsistent with the terms of the Franchise Agreement Face Foundrie will also reimburse the franchisee for their out-of-pocket costs. This is a fairly standard clause in franchise agreements, as franchisors need to protect their trademarks but also need the cooperation of franchisees in doing so.