Is Focus Cfo responsible for infringement claims based on a Focus Cfo trademark modified by someone other than Focus Cfo?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 13 — Trademarks (FDD pages 24–25)
What This Means (2025 FDD)
According to the 2025 Focus Cfo Franchise Disclosure Document, Focus Cfo is not obligated to defend a franchisee against infringement claims if the trademark has been modified by someone other than Focus Cfo. This means that if a franchisee or another party alters the Focus Cfo trademark without authorization and this modification leads to an infringement claim, Focus Cfo will not be responsible for defending the franchisee in such a case.
This policy protects Focus Cfo from liabilities arising from unauthorized alterations to its trademarks. It also emphasizes the importance of franchisees adhering strictly to the approved usage of the Focus Cfo trademarks as outlined in the franchise agreement. Franchisees must use the trademarks only in the manner authorized by Focus Cfo and with approved products or services to maintain the protection offered by Focus Cfo against infringement claims.
For a prospective Focus Cfo franchisee, this means understanding and adhering to the brand standards is critical. Any deviation from the approved use of the trademarks could result in the franchisee being solely responsible for any legal claims arising from trademark infringement. This underscores the need for franchisees to seek explicit approval from Focus Cfo for any marketing or branding initiatives that involve the Focus Cfo trademarks to ensure compliance and maintain the franchisor's support in case of legal challenges.