With whom is a Spray Net franchisee prohibited from communicating regarding infringement or challenges to the Proprietary Marks, besides Spray Net or its counsel?
Spray_Net Franchise · 2025 FDDAnswer from 2025 FDD Document
- L. Notification of Infringement.
Franchisee shall notify Franchisor within three (3) calendar days of any suspected infringement of, or challenge to, the validity of the ownership of, or Franchisor's right to use, the Proprietary Marks licensed hereunder.
Franchisee will not communicate with any persons other than Franchisor or Franchisor's legal counsel in connection with any such infringement, challenge, or claim.
Source: Item 23 — RECEIPTS (FDD pages 75–219)
What This Means (2025 FDD)
According to Spray Net's 2025 Franchise Disclosure Document, a franchisee is required to notify Spray Net within three calendar days of any suspected infringement or challenge to the validity or ownership of the Proprietary Marks. The franchisee is specifically prohibited from communicating with any other persons besides Spray Net or its legal counsel regarding any such infringement, challenge, or claim.
This restriction is in place to ensure that Spray Net maintains control over the management and defense of its Proprietary Marks. By centralizing communication, Spray Net can ensure a consistent and strategic approach to protecting its brand and intellectual property. This also prevents franchisees from taking actions that could potentially harm the brand or create legal complications.
This requirement is fairly standard in franchising, as franchisors typically want to control the defense of their trademarks. A prospective Spray Net franchisee should understand that they must immediately report any potential infringement or challenges to Spray Net and must not independently engage with any third parties regarding these issues.