Are there any current legal proceedings involving Gold Star's trademarks that I should be aware of?
Gold_Star Franchise · 2025 FDDAnswer from 2025 FDD Document
July 16, 2019 | Affidavit of Use due | | | | | July 16, 2029. | | | 6,364,766 | May 25, 2021 | Affidavit of Use due | | | | | May 25, 2027. | There are no currently effective material determinations of the United States Patent and Trademark Office, trademark trial and appeal board, the trademark administrator of this state or any court, and there are no pending infringement, opposition or cancellation proceedings, nor any pending material litigation, involving the primary trademarks, service marks, names, logos and symbols licensed to, and to be used by, you to identify the Franchise business.
There are no agreements currently in effect that significantly limit the rights of Gold Star to use or license the use of the primary trademarks, service marks, names, logos and symbols licensed to, and to be used by, you to identify the Franchise business, in any manner material to the Franchise.
You must notify Gold Star promptly of any claim, demand or legal action by any third party involving the Marks or any potentially infringing use of the Marks, or any mark, name, logo or symbol identical to or confusingly similar to any of the Marks. Under the Franchise Agreement, Gold Star agrees to take whatever actions it deems reasonably necessary to protect the Marks and the goodwill associated therewith. Gold Star retains the exclusive right, in its sole discretion exercised in good faith, to determine and undertake the actions, if any, that it deems appropriate to prevent the infringement of the Marks or the diminution of the goodwill in the Marks. If a third party brings a legal action against you challenging your right to use the Marks as authorized by the Franchise Agreement, Gold Star may, in its sole discretion, assume your defense utilizing counsel of Gold Star's choice and must indemnify you against all damages for infringement for which you are held liable in that action arising out of your authorized use of the Marks pursuant to and in compliance with the Franchise Agreement, if the following conditions are satisfied: (a) you provide Gold Star with timely notice of the institution of the action, (b) you cooperate fully with Gold Star's counsel in defending against the action and (c) Gold Star retains ultimate control over the strategy involved in defending against and/or resolving the action. If Gold Star undertakes the defense or prosecution of any litigation pertaining to the right to use the Marks, you must execute all documents and do all acts and things as may be necessary, in the opinion of counsel for Gold Star, to carry out the defense or prosecution, whether the action is in the name of Gold Star, or in your name. Gold Star is not responsible for the cost of any independent legal counsel retained by you in any litigation. Except as set forth above, Gold Star will not be liable to you for any damages, costs, expenses, loss of profits or business opportunities, or incidental or consequential damages of any kind regarding or under any action or other matter involving the Marks. If you fail to meet any of your obligations described in this paragraph, Gold Star's obligations and warranties are void regarding the event at issue and Gold Star has no liability for costs incurred by or damages awarded against you.
Under the Franchise Agreement, you agree not to contest, directly or indirectly, or aid in contesting, the validity, ownership or enforceability of any Marks.
If it becomes advisable at any time in Gold Star's sole discretion for Gold Star and/or you to modify or discontinue use of any of the Marks, and/or to use one or more additional or substitute marks, names, logos or indicia, you must do so at your expense within a reasonable time after Gold Star so instructs you to do so in writing.
There are no superior prior rights or infringing uses actually known to Gold Star that could materially affect your use of the primary trademarks, service marks, names, logos and symbols licensed to, and to be used by, you to identify the Franchise business, in this state or any other state in which the Franchise business is to be located.
Item 14
Patents, Copyrights and Proprietary Information
Gold Star does not own any patents.
Source: Item 13 — Trademarks (FDD pages 37–40)
What This Means (2025 FDD)
According to Gold Star's 2025 Franchise Disclosure Document, there are currently no material determinations by the United States Patent and Trademark Office, trademark trial and appeal board, or any court regarding the trademarks licensed to franchisees. Additionally, there are no pending infringement, opposition, cancellation proceedings, or material litigation involving these trademarks. This suggests that Gold Star's core trademarks are not currently subject to any legal challenges that could impact a franchisee's ability to use them.
However, Gold Star is in the process of modernizing its trademarks and transitioning the system to use new marks. Gold Star has filed "intent to use" applications for these modernized trademarks with the United States Patent and Trademark Office, but they are not yet federally registered. Because these marks lack federal registration, they have fewer legal protections. If Gold Star's right to use these modernized marks is challenged, franchisees may be required to switch to alternative trademarks, potentially increasing their expenses.
As a Gold Star franchisee, you must promptly notify Gold Star of any third-party claims or legal actions involving the marks or any potentially infringing use. Gold Star retains the exclusive right to determine and undertake actions to protect the marks and associated goodwill. If a third party sues you over your authorized use of the marks, Gold Star may assume your defense and indemnify you against damages if you provide timely notice, cooperate fully, and allow Gold Star to control the defense strategy. However, Gold Star is not responsible for the cost of any independent legal counsel you retain. Franchisees must execute all documents and actions deemed necessary by Gold Star's counsel for the defense or prosecution of any litigation related to the marks. Gold Star may modify or discontinue the use of any Marks, and/or use one or more additional or substitute marks, names, logos or indicia, you must do so at your expense within a reasonable time after Gold Star so instructs you to do so in writing.