Who has the sole discretion to take action against trademark infringement related to Learningrx?
Learningrx Franchise · 2025 FDDAnswer from 2025 FDD Document
You must notify us within three days when you learn of any infringement of, or challenge to, your use of any name, mark or symbol. The Franchise Agreement provides us the sole discretion to take any such action we deem appropriate in order to fulfill our obligation to preserve and protect the ownership, identity and validity of the Marks. We are not obligated to protect your rights to use the Marks. We are not obligated to participate in your defense and/or indemnify you for expenses or damages if you are party to an administrative or judicial proceeding involving the Marks if the proceeding is resolved unfavorable to you. Furthermore, we are not obligated to indemnify you for any losses of any kind that you may incur in connection with any infringement of, or challenge to, our or your rights to use the Marks. If it becomes advisable at any time, in our sole discretion, to modify or discontinue the use of any name or mark and/or use one or more additional or substitute names or marks, you must pay for the tangible costs (such as replacing signs and materials) associated with such a change.
We or our affiliate will control any proceedings or litigation and decide whether or not to settle any action
Source: Item 13 — TRADEMARKS (FDD pages 35–37)
What This Means (2025 FDD)
According to Learningrx's 2025 Franchise Disclosure Document, Learningrx retains sole discretion to act on trademark infringements. As a Learningrx franchisee, if you become aware of any infringement or challenges to the use of Learningrx's names, marks, or symbols, you are required to notify Learningrx within three days.
Learningrx has the authority to take any action it deems appropriate to protect the ownership, identity, and validity of its marks. However, Learningrx is not obligated to protect the franchisee's rights to use the marks, participate in the franchisee's defense, or indemnify the franchisee for expenses or damages if the franchisee is involved in an administrative or judicial proceeding concerning the marks and the proceeding is resolved unfavorably for the franchisee.
Furthermore, Learningrx is not obligated to indemnify franchisees for any losses incurred due to infringement or challenges to the rights to use the marks. If Learningrx decides to modify or discontinue a name or mark, franchisees are responsible for the tangible costs associated with the change, such as replacing signs and materials. Learningrx or its affiliate will control any proceedings or litigation and decide whether or not to settle any action.