What should a Focus Cfo franchisee do if they learn about an infringement of the Focus Cfo trademark?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
You must notify Focus CFO immediately when you learn about an infringement of or challenge to your use of our trademark. Focus CFO will take the action we think appropriate. Focus CFO will defend any action brought against you to the extent that it is based on a claim that the trademark infringes upon the rights of a third party, valid and enforceable in the jurisdiction where the trademark is used, provided you notify us promptly in writing of any such claim. We have sole control of the defense and all negotiations for the settlement or compromise of such claim, and you shall cooperate with us in the defense or settlement of any claim. Focus CFO shall have no obligation to you for any claim of infringement based on a trademark that has been modified by a party other than Focus CFO, your use of the trademark with non-Focus CFO products or services, or your use of the trademark in a manner otherwise prohibited by the Franchise Agreement.
You must modify or discontinue the use of a trademark if Focus CFO modifies or discontinues it. We will have no liability or obligation, and you will have no right to compensation or otherwise, because of any discontinuation, modification or change. You must not directly or indirectly contest our right to our trademarks, trade secrets or business techniques that are part of our business.
Source: Item 13 — Trademarks (FDD pages 24–25)
What This Means (2025 FDD)
According to the 2025 Focus Cfo Franchise Disclosure Document, a franchisee must notify Focus Cfo immediately if they become aware of any infringement or challenge to the use of the Focus Cfo trademark. Following notification, Focus Cfo will then decide what action it deems appropriate to take.
Focus Cfo will defend any action brought against a franchisee if the action is based on a claim that the trademark infringes upon the rights of a third party. This protection is contingent upon the franchisee promptly notifying Focus Cfo in writing of any such claim. Focus Cfo retains sole control over the defense and all negotiations for the settlement or compromise of any claim, and the franchisee is required to cooperate with Focus Cfo in the defense or settlement process.
However, Focus Cfo has no obligation to a franchisee for any infringement claim if the trademark has been modified by someone other than Focus Cfo, if the franchisee uses the trademark with non-Focus Cfo products or services, or if the franchisee uses the trademark in a manner prohibited by the Franchise Agreement. Additionally, the franchisee must modify or discontinue the use of a trademark if Focus Cfo modifies or discontinues it, and the franchisee cannot contest Focus Cfo's rights to the trademarks, trade secrets, or business techniques.