What is a Face Foundrie franchisee required to do if they become aware of any apparent infringement of the Marks?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
- 5.04 Notification of Infringements and Claims. Franchisee must notify Franchisor immediately of any apparent infringement of or challenge to Franchisee's use of any Mark, or any claim by another Person of any rights in any Mark.
Franchisee may not communicate with any Person, other than its legal counsel, and Franchisor, in connection with any such infringement, challenge or claim.
Franchisor will have sole discretion to take such action as it deems appropriate and will have the right to control exclusively any litigation or U.S.
Patent and Trademark Office proceeding arising out of any such infringement, challenge or claim or otherwise relating to any Mark.
Franchisee must sign any and all documents, render such assistance and do such things as may be advisable in the opinion of Franchisor's counsel to protect Franchisor's interests in any litigation or U.S.
Patent and Trademark Office proceeding or other administrative proceeding or otherwise to protect its interests in the Marks.
- 5.05 Indemnification of Franchisee. Franchisor shall indemnify Franchisee against, and reimburse Franchisee for, all damages for which Franchisee is held liable in any proceeding arising out of its authorized use of any Mark pursuant to and in compliance with this Agreement and, except as provided herein, for all costs Franchisee reasonably incurs in defending any such claim brought against Franchisee, provided Franchisee has timely notified Franchisor of such claim and provided further that Franchisee and its Owners and Affiliates are in compliance with this Agreement and all other agreements entered into with Franchisor or any of its Affiliates.
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, if a franchisee becomes aware of any apparent infringement of or challenge to the use of any Mark, or any claim by another Person of any rights in any Mark, they must notify Face Foundrie immediately. The franchisee is not allowed to communicate with any person other than their legal counsel and Face Foundrie regarding the infringement, challenge, or claim.
Face Foundrie retains sole discretion to take action it deems appropriate and has the right to exclusively control any litigation or U.S. Patent and Trademark Office proceeding arising out of any infringement, challenge, claim, or anything else relating to any Mark. The franchisee is required to sign any and all documents, provide assistance, and take actions that may be advisable in the opinion of Face Foundrie's counsel to protect Face Foundrie's interests in any litigation, U.S. Patent and Trademark Office proceeding, or other administrative proceeding, or to protect its interests in the Marks.
Face Foundrie will indemnify the franchisee against, and reimburse the franchisee for, all damages for which the franchisee is held liable in any proceeding arising out of its authorized use of any Mark pursuant to and in compliance with the Franchise Agreement. Face Foundrie will also cover all costs the franchisee reasonably incurs in defending any such claim brought against them, provided the franchisee has timely notified Face Foundrie of the claim and remains in compliance with the Franchise Agreement and all other agreements entered into with Face Foundrie or any of its Affiliates. This means that franchisees are protected from legal liabilities arising from their authorized use of Face Foundrie's trademarks, provided they adhere to the agreement and promptly report any potential infringements.