As of the Issue Date, are there any pending infringement proceedings involving the Fitstop Marks?

According to Fitstop's 2024 Franchise Disclosure Document, as of the issue date of the document, there is no litigation pending arising out of their Marks. Additionally, Fitstop is not aware of any superior rights in, or infringing uses of, their Marks that could materially affect a franchisee's right to use these marks. Currently, there are no effective adverse material determinations of the USPTO, the Trademark Trial and Appeal Board, the trademark administrator of any state or any court. Also, there are no pending infringement, opposition or cancellation proceedings or any material litigation involving the Marks. Finally, there are no agreements in effect that significantly limit Fitstop's right to use, or license the use of, the Marks that are material to the franchise.

This statement provides some assurance to potential Fitstop franchisees that the company is not currently involved in any legal battles over its trademarks. It also indicates that Fitstop is unaware of any existing infringements or superior rights that could jeopardize a franchisee's ability to use the Fitstop marks. This reduces the risk that a new franchisee will be impacted by legal issues surrounding the brand's trademarks.

However, it is important to note that this statement is only valid as of the issue date of the Franchise Disclosure Document. Trademark disputes can arise at any time, so there is always some level of risk involved. While Fitstop states they will indemnify, defend and hold a franchisee harmless in connection with any third-party claims that are brought against them that arise solely out of their authorized use of any Marks in the manner Fitstop prescribes, the franchisee must notify Fitstop of the proceeding within three days and have complied with Fitstop's directions with regard to the proceeding.

It is also important to note that Fitstop will not reimburse a franchisee for their expenses and legal fees for separate, independent legal counsel, unless Fitstop approves of the use of such counsel in writing prior to the franchisee engaging counsel. Fitstop will also not reimburse a franchisee for disputes where they challenge the franchisee's use of their Marks.