Who has the exclusive control over any litigation or USPTO proceeding arising from any infringement, challenge, or claim concerning a Focalpoint Coaching Mark?
Focalpoint_Coaching Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee agrees to notify Franchisor immediately of any apparent infringement or challenge to Franchisee's use of any Mark, or of any person's claim of any rights in any Mark, and not to communicate with any person other than Franchisor, Franchisor's attorneys, and Franchisee's attorneys, regarding any infringement, challenge, or claim. Franchisor may take the action Franchisor deems appropriate (including no action) and control exclusively any litigation, U.S. Patent and Trademark Office ("USPTO") proceeding, or other administrative proceeding arising from any infringement, challenge, or claim or otherwise concerning any Mark. Franchisee agrees to sign any documents and take any other reasonable action that, in the opinion of Franchisor's attorneys, are necessary or advisable to protect and maintain Franchisor's interests in any litigation or USPTO or other proceeding or otherwise to protect and maintain Franchisor's interests in the Marks.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to the 2025 Focalpoint Coaching Franchise Disclosure Document, Focalpoint Coaching retains exclusive control over any litigation or U.S. Patent and Trademark Office (USPTO) proceeding that arises from any infringement, challenge, or claim concerning any Focalpoint Coaching mark. This includes the right to decide whether or not to take any action at all.
This means that as a Focalpoint Coaching franchisee, you are required to immediately notify Focalpoint Coaching of any potential infringement or challenges to the use of their marks. You are not allowed to communicate with any other party regarding the issue, except your own attorneys and Focalpoint Coaching's attorneys.
Furthermore, Focalpoint Coaching has the sole discretion to manage any legal actions pertaining to the marks. The franchisee must also sign documents and take actions deemed necessary by Focalpoint Coaching's attorneys to protect the franchisor's interests in any litigation or USPTO proceeding. This ensures that Focalpoint Coaching maintains complete authority over the protection and defense of its brand and intellectual property.
This is a fairly standard clause in franchise agreements. It protects the brand's trademarks and ensures consistent legal strategy. However, it also means the franchisee has no direct control over how trademark disputes are handled, even if they impact the franchisee's business.