What am I required to do if I notice an infringement on the HydroDog Marks?
Hydrodog Franchise · 2025 FDDAnswer from 2025 FDD Document
- 8.3 Notification of Infringements and Claims. You agree to notify us immediately of any apparent infringement or challenge to your use of any Mark, or of any claim by any person of any rights in any Mark, and you agree not to communicate with any person other than us, our attorneys and your attorneys in connection with any such infringement, challenge or claim.
We have sole discretion to take such action as we deem appropriate and the right to control exclusively any litigation, U.S.
Patent and Trademark Office proceeding or any other administrative proceeding arising out of any such infringement, challenge or claim or otherwise relating to any Mark.
Source: Item 23 — RECEIPTS (FDD pages 43–166)
What This Means (2025 FDD)
According to Hydrodog's 2025 Franchise Disclosure Document, if you notice any apparent infringement or challenge to your use of any Hydrodog Mark, or any claim by any person of any rights in any Mark, you must notify Hydrodog immediately. You are also required to refrain from communicating with anyone other than Hydrodog, their attorneys, and your own attorneys regarding the infringement, challenge, or claim.
Hydrodog retains sole discretion to take any action they deem appropriate regarding the infringement, including controlling any litigation or proceedings with the U.S. Patent and Trademark Office. This means that while you are obligated to report any potential infringements, Hydrodog has the exclusive right to decide how to respond and manage any legal actions.
As a Hydrodog franchisee, you are also obligated to sign documents and provide assistance that Hydrodog's attorneys deem necessary to protect and maintain Hydrodog's interests in any litigation or proceedings related to the Marks. This could involve providing information, appearing as a witness, or other forms of support as needed. This ensures that Hydrodog can fully defend its trademarks and service marks, which are critical to the franchise system's success.
These requirements are typical in franchising, as the franchisor needs to protect its brand and trademarks. By promptly reporting any potential infringements and cooperating with Hydrodog's legal efforts, franchisees play a crucial role in safeguarding the brand's integrity and value.