Does Face Foundrie have an obligation to take action against uses by others that may infringe on the Marks?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
y Mark.
You must not directly or indirectly contest our right to the Marks, trade secrets or business techniques that are part of our business. 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.
Source: Item 13 — TRADEMARKS (FDD pages 46–47)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, Face Foundrie has the right, but not the obligation, to take action against uses by others that may constitute infringement of the Marks. This means that while Face Foundrie can choose to pursue legal action against those who infringe on their trademarks, they are not legally required to do so. This decision is at Face Foundrie's discretion.
For a prospective franchisee, this implies that Face Foundrie may or may not take action against unauthorized use of their trademarks by others. Franchisees are responsible for notifying Face Foundrie of any potential infringements or challenges to the validity of the marks. Face Foundrie retains the right to direct and control any administrative proceeding or litigation involving the Marks, including any settlement.
Face Foundrie will defend a franchisee against third-party claims arising from the franchisee's use of the Marks, and will 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. This highlights the importance of adhering to the Franchise Agreement when using Face Foundrie's Marks.