How does the litigation involving individuals associated with My Salon Suite potentially impact franchisees?
My_Salon_Suite Franchise · 2025 FDDAnswer from 2025 FDD Document
As of the Issuance Date of this Franchise Disclosure Document, there is no litigation pending arising out of our Marks, and we are not aware of any superior rights in, or infringing use of, our Marks that could materially affect your right to use these Marks. Presently, there are not any effective material determinations of the USPTO, the Trademark Trial and Appeal Board, the trademark administrator of any state, province, territory, or region, or any court adverse to our rights in the Marks, nor are there any pending infringement, opposition, cancellation proceedings, or material litigation involving the Marks. Other than the MSS Trademark License and the SP Trademark License, we are not a party to, or bound by, any agreement that significantly limits our rights to use or license others to use the Marks in any manner material to the Franchised Business we offer.
You must notify us within 10 days of when you learn about an infringing or challenging use of the Marks. While we have no obligation, we may, in our sole discretion, defend you against any claim brought against you by a third party that your use of the Marks in accordance with the Franchise Agreement infringes upon that party's intellectual property rights. We may require your assistance, but we will exclusively control any proceeding or litigation relating to our Marks. We have no obligation to pursue any infringing users of our Marks. If we become aware of an infringing user, we will take the action we think appropriate, but we are not required to take any action if we do not feel it is warranted. We may acquire, develop, and use additional Marks not listed here, and may make those Marks available for your use and for use by other My Salon Suite franchisees. We will not reimburse you for your expenses and legal fees for separate, independent legal counsel and for expenses in removing signage or discontinuing your use of any Marks. We will not reimburse you for disputes where we challenge your use of a Mark.
Source: Item 3 — LITIGATION (FDD page 18)
What This Means (2025 FDD)
According to the 2025 FDD, My Salon Suite states that as of the issuance date of the document, there is no pending litigation arising out of their trademarks. Additionally, My Salon Suite is not aware of any superior rights in, or infringing use of, their marks that could materially affect a franchisee's right to use these marks. There are also no effective material determinations of the USPTO, the Trademark Trial and Appeal Board, or any court adverse to My Salon Suite's rights in the marks, nor are there any pending infringement, opposition, cancellation proceedings, or material litigation involving the marks.
My Salon Suite does not have an obligation to pursue any infringing users of their marks. However, if they become aware of an infringing user, they will take the action they think appropriate, but they are not required to take any action if they do not feel it is warranted. My Salon Suite may acquire, develop, and use additional marks not listed in the FDD and may make those marks available for use by franchisees.
In the event of a claim brought against a franchisee by a third party alleging trademark infringement, My Salon Suite may, in its sole discretion, defend the franchisee. However, the franchisee may be required to assist My Salon Suite in the defense, and My Salon Suite will exclusively control any proceeding or litigation relating to its marks. Franchisees will not be reimbursed for expenses and legal fees for separate, independent legal counsel and for expenses in removing signage or discontinuing the use of any marks, nor will they be reimbursed for disputes where My Salon Suite challenges the franchisee's use of a mark.
While the FDD states there is no current litigation regarding trademarks, prospective franchisees should be aware that intellectual property disputes can arise. If a claim is brought against a franchisee, it could result in legal costs, the need to change signage, or even the inability to use certain marks, which could negatively impact the business. It is important for prospective franchisees to understand the potential risks and costs associated with intellectual property disputes and to discuss these issues with My Salon Suite before investing in a franchise.