As a HydroDog franchisee, what should I do if someone claims rights in a HydroDog Mark?
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.
You agree to sign any and all instruments and documents, render such assistance and do such acts and things as, in the opinion of our attorneys, may be necessary or advisable to protect and maintain our interests in any litigation or Patent and Trademark Office or other proceeding or otherwise to protect and maintain our interests in the Marks.
Source: Item 23 — RECEIPTS (FDD pages 43–166)
What This Means (2025 FDD)
According to HydroDog's 2025 Franchise Disclosure Document, if you, as a franchisee, encounter any apparent infringement or challenge to your use of a HydroDog Mark, or if any person claims rights in a HydroDog Mark, you must immediately notify HydroDog. It is crucial that you do not communicate with anyone regarding the infringement, challenge, or claim, except for HydroDog, their attorneys, and your own attorneys. This ensures that HydroDog maintains control over the handling of any legal matters related to their trademarks.
HydroDog retains sole discretion in deciding what action to take regarding any infringement, challenge, or claim related to the HydroDog Marks. They have the right to exclusively control any litigation, U.S. Patent and Trademark Office proceeding, or any other administrative proceeding that arises from such situations. This means that HydroDog will manage the legal defense and strategy related to protecting their brand and trademarks.
As a HydroDog franchisee, you are obligated to sign any documents, provide assistance, and perform any actions that HydroDog's attorneys deem necessary to protect and maintain HydroDog's interests in any litigation, Patent and Trademark Office proceeding, or other action related to the Marks. This cooperation is essential to support HydroDog's efforts to safeguard their brand identity and legal rights. This is a fairly standard clause in franchise agreements, as the franchisor needs to protect its brand and trademarks, which are vital to the entire franchise system.