What are the rules regarding the use or non-use and display or non-display of the Marks and Copyrights for a HydroDog business?
Hydrodog Franchise · 2025 FDDAnswer from 2025 FDD Document
than the right to operate your HydroDog Business under this Agreement). All provisions of this Agreement relating to the Marks apply to any additional and substitute trademarks and service marks we authorize you to use.
- 8.2 Limitations on Your Use of Marks. You agree to use the Marks as the sole trade identification of your HydroDog Business, provided that you shall identify yourself as the independent owner of your HydroDog Business in a manner acceptable to us. You may not use any Mark or any variation thereof (1) as part of any corporate or legal business name, (2) with any prefix, suffix or other modifying words, terms, designs or symbols (other than logos we have licensed to you), (3) in selling any unauthorized services or products, (4) as part of any domain name, electronic address or search engine you maintain on any website; (5) in any other manner we have not expressly authorized in writing; or (6) that may damage or cause harm to us, our affiliates, the Marks, the System or our principals. You may not make any disparaging remarks related to us, our affiliates, our franchisees, the Marks, the System or our principals. You may not use any Mark in advertising the transfer, sale or other disposition of the Operating Assets or your HydroDog Business without our prior written consent, which we will not unreasonably withhold. You agree to display the Marks prominently and exclusively in the manner we prescribe at your HydroDog Business, and on forms, advertising, digital platforms, and other materials as designated by us. You agree to give the notices of trademark and service mark registrations that we specify and to obtain any fictitious or assumed name registrations required under applicable law.
- 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.
Source: Item 23 — RECEIPTS (FDD pages 43–166)
What This Means (2025 FDD)
According to Hydrodog's 2025 Franchise Disclosure Document, franchisees must use Hydrodog's Marks as the sole trade identification for their business, while also identifying themselves as the independent owner in a manner acceptable to Hydrodog. Franchisees are required to display the Marks prominently and exclusively as prescribed by Hydrodog at their business, as well as on forms, advertising, digital platforms, and other designated materials. They must also provide trademark and service mark registration notices as specified by Hydrodog and obtain any necessary fictitious or assumed name registrations.
However, there are several limitations on how a franchisee can use the Marks. They cannot use any Mark or variation of it as part of their corporate or legal business name, or with any prefix, suffix, or modifying words, terms, designs, or symbols (other than licensed logos). The Marks cannot be used in selling unauthorized services or products, as part of any domain name, electronic address, or search engine, or in any manner not expressly authorized in writing by Hydrodog. Franchisees are prohibited from making disparaging remarks about Hydrodog, its affiliates, franchisees, the Marks, the System, or Hydrodog's principals. Prior written consent is required before using any Mark in advertising the transfer, sale, or other disposition of the business's operating assets.
Hydrodog maintains control over the use of its Marks and Copyrights, including online presence. Hydrodog has the exclusive right to establish and maintain a website, and franchisees cannot create their own website or use the Marks on social media without prior written approval. Franchisees must immediately notify Hydrodog of any apparent infringement or challenge to the use of any Mark or any claim by any person of any rights in any Mark. Hydrodog has the sole discretion to take action and control any litigation or administrative proceeding related to such infringements or claims.