What are the My Salon Suite franchisee's obligations regarding notification of trademark infringements?
My_Salon_Suite Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall not register or seek to register as a trademark or service mark, with either the United States Patent and Trademark Office or any state or foreign country, any of the Proprietary Marks or a trademark or service mark that is confusingly similar to any Proprietary Mark licensed to Franchisee.
Franchisee must display a prominent notice stating that the Franchised Business is an "Independently Owned and Operated Franchise" of Franchisor on all letterhead, forms, cards and other such identification, and Franchisee must also display such a notice at the Approved Location.
- **C.
Notification of Infringements and Claims**.
Franchisee must notify Franchisor within ten (10) business days of obtaining notice or knowledge of any claim, demand or cause of action based upon, or arising from, any attempt by any other person or business to use the Proprietary Marks or any colorable imitation thereof notify Franchisor of such claim, demand, or cause of action.
Franchisee must notify Franchisor of any action, claim or demand against Franchisee relating to the Proprietary Marks within ten (10) business days after Franchisee receives notice ofsaid action, claim or demand.
Upon receipt of timely notice of an action, claim or demand against Franchisee relating to the Proprietary Marks, Franchisor has the right, at its option, to control the defense of any such action.
Franchisor has the exclusive right to contest or bring action against any third party regarding that third party's use of any of the Proprietary Marks and shall exercise such right in its sole discretion.
Franchisee shall not communicate with any person other than Franchisor and Franchisor's counsel in connection with any such infringement, challenge, contest, action, or claim; provided, however, Franchisee may communicate with its counsel at its own expense.
In any defense or prosecution of any litigation relating to the Proprietary Marks or components of the System undertaken by Franchisor, Franchisee must use its best efforts to fully cooperate with Franchisor and execute all documents and take all actions as may be desirable or necessary, in the opinion of Franchisor's counsel, to carry out such defense or prosecution.
Both parties shall make every effort consistent with the foregoing to protect, maintain and promote the Proprietary Marks as identifying the System.
- **D.
Source: Item 23 — RECEIPTS (FDD pages 95–230)
What This Means (2025 FDD)
According to My Salon Suite's 2025 Franchise Disclosure Document, franchisees have specific obligations regarding notification of trademark infringements. If a franchisee becomes aware of any attempt by another party to use the "Proprietary Marks" or anything similar, they must notify My Salon Suite within ten business days. This includes any claim, demand, or cause of action related to such infringement. Additionally, franchisees must inform My Salon Suite of any legal actions, claims, or demands made against them concerning the Proprietary Marks within the same ten-business-day timeframe.
My Salon Suite retains the exclusive right to take action against any third party infringing on their trademarks and will decide whether to contest such actions. The franchisee is prohibited from communicating with anyone other than My Salon Suite and their counsel regarding any infringement, challenge, or claim, although they may consult their own counsel at their own expense. Franchisees are obligated to fully cooperate with My Salon Suite in any litigation related to the Proprietary Marks, including executing necessary documents and actions as deemed necessary by My Salon Suite's counsel.
These stipulations ensure that My Salon Suite maintains control over its brand and trademarks, protecting the integrity and uniformity of the franchise system. By requiring franchisees to promptly report any potential infringements and cooperate in legal matters, My Salon Suite can take swift action to defend its intellectual property. This protects not only the franchisor but also the entire network of franchisees who rely on the strength and recognition of the My Salon Suite brand. Franchisees benefit from the franchisor's expertise and resources in handling trademark disputes, ensuring consistent brand protection across all locations.
Both My Salon Suite and the franchisee are expected to work together to protect, maintain, and promote the Proprietary Marks, reinforcing their role in identifying the System. This collaborative approach ensures that the brand's identity and reputation are consistently upheld, benefiting all parties involved. Franchisees play a crucial role in safeguarding the brand by adhering to these notification and cooperation requirements, contributing to the overall success and stability of the My Salon Suite franchise system.