factual

Who has the right to control litigation or administrative proceedings related to Hydrodog's marks, including any settlement?

Hydrodog Franchise · 2025 FDD

Answer from 2025 FDD Document

You are required to immediately notify us of any use of, or claims of rights to, a mark identical to or confusingly similar to our marks. We have the right, but not the obligation, to bring any action against any third party using such a similar mark. You are required to participate in any such action we bring against a third party at your own expense. We have the right to control any such litigation or administrative proceedings, including any settlement.

Source: Item 13 — TRADEMARKS (FDD pages 32–33)

What This Means (2025 FDD)

According to Hydrodog's 2025 Franchise Disclosure Document, Hydrodog retains the right to control any litigation or administrative proceedings related to its trademarks, including settlements. This means that if a third party infringes on Hydrodog's trademarks, Hydrodog has the authority to decide how to pursue the matter legally, even if it involves a settlement offer.

As a Hydrodog franchisee, you are required to notify Hydrodog immediately if you become aware of any unauthorized use of their marks or any claims against them. While Hydrodog has the right, but not the obligation, to take action against a third party infringing on their marks, franchisees are required to participate in any such action at their own expense. This could involve providing information, documentation, or even legal assistance as directed by Hydrodog.

This level of control is typical in franchising, as franchisors need to protect their brand's intellectual property. However, it's important for prospective franchisees to understand that while Hydrodog will direct the legal strategy, the franchisee may incur costs associated with participating in these actions. Franchisees should clarify with Hydrodog what level of participation and associated costs they might expect in such a scenario.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.