Is Hydrodog obligated to defend a franchisee from all claims arising from the use of any Hydrodog marks?
Hydrodog Franchise · 2025 FDDAnswer from 2025 FDD Document
If any administrative or judicial proceeding arising from a claim or challenge to your use of any of our marks, you must immediately notify us, and we may take any such action as we deem appropriate in order to preserve and protect the ownership, identity and validity of the marks. We are only obligated to defend you from any claims arising from your use of our primary marks. If we decide to modify or discontinue the use of any mark and/or use one or more additional or substitute marks, you will be responsible for the tangible costs (such as replacing signs and materials) associated with such a change. We are not required to reimburse you for any costs you incur in relation to any change or substitution, such as the cost of changing stationery or signage, and have no obligation or liability to you as a result of any change or substitution.
Source: Item 13 — TRADEMARKS (FDD pages 32–33)
What This Means (2025 FDD)
According to Hydrodog's 2025 Franchise Disclosure Document, Hydrodog is only obligated to defend a franchisee from claims arising from the use of its primary marks. If a franchisee faces any administrative or judicial proceeding due to a claim or challenge regarding the use of Hydrodog's marks, the franchisee must immediately notify Hydrodog. Hydrodog then has the right to take action it deems appropriate to protect the ownership, identity, and validity of the marks.
However, this obligation is limited to Hydrodog's primary marks. If Hydrodog decides to modify or discontinue using any mark, or introduces additional or substitute marks, the franchisee is responsible for the tangible costs associated with the change, such as replacing signs and materials. Hydrodog is not required to reimburse the franchisee for these costs or any other expenses related to the change, like changing stationery or signage, and has no obligation or liability as a result of any such change or substitution.
Furthermore, franchisees are required to immediately inform Hydrodog of any use of, or claims of rights to, a mark that is identical or confusingly similar to Hydrodog's marks. Hydrodog has the right, but not the obligation, to take action against any third party using a similar mark. If Hydrodog decides to pursue such action, the franchisee is required to participate at their own expense. Hydrodog retains the right to control any litigation or administrative proceedings, including any settlement decisions.