What specific claims is Hydrodog obligated to defend a franchisee from?
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 franchisee's use of Hydrodog's primary marks. These primary trademarks include the "HydroDog" wordmark and design mark, along with other names, logos, symbols, associated designs, and trade dress. Hydrodog grants franchisees the right to use these marks when operating their Hydrodog Business and requires franchisees to use the 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 option to take action to protect the ownership, identity, and validity of the marks. However, Hydrodog's obligation to defend the franchisee is specifically limited to claims arising from the use of Hydrodog's primary marks.
It is important to note that if Hydrodog decides to modify or discontinue the use of any mark, or use substitute marks, the franchisee will be responsible for the tangible costs associated with the change, such as replacing signs and materials. Hydrodog is not required to reimburse franchisees for these costs or any other costs incurred due to the change, such as changing stationery or signage. Hydrodog also has no obligation or liability as a result of any change or substitution of marks.