Are there any pending lawsuits regarding Stretch Zone's use of their trademarks?
Stretch_Zone Franchise · 2025 FDDAnswer from 2025 FDD Document
There is no currently pending material federal or state court litigation involving our use of, or ownership rights in, the Principal Trademark or other marks.
There are no agreements currently in effect that significantly limit our rights to license the use to Franchise Businesses of the Principal Trademark, the other Intellectual Property and Business System in any manner material to you.
If there is any claim of infringement, unfair competition or other challenge to your right to use the Principal Trademark or any of the other marks and Intellectual Property, or if you become aware of any use of, or claims to, any of the Intellectual Property by persons other than us or our Franchisees, you will promptly (within 7 days) notify us in writing. You will not communicate with anyone except our counsel and us on any infringement, challenge or claim except under judicial process. We have sole discretion as to whether we take any action on any infringement, challenge or claim. We have the sole right to control any litigation or other proceeding arising out of any infringement of, challenge to, or claim to any Intellectual Property. You must sign all documents, render all assistance, and do all acts that our attorneys consider necessary or advisable in order to protect and maintain our interest in any litigation or proceeding involving the Intellectual Property or otherwise to protect and maintain our interests in the Intellectual Property. We indemnify you against and will reimburse you for all damages and costs (including reasonable attorneys' fees and costs) for which you are held liable in any proceeding based on your use of any of the Intellectual Property in accordance with the Franchise Agreement, provided you: (a) have timely notified us of the claim or proceeding; (b) have otherwise complied with the Franchise Agreement; (c) allow us sole control of the defense and settlement of the action; and (d) cooperate fully with our counsel in the defense of the action.
Source: Item 13 — ITEM -13 TRADEMARKS (FDD pages 58–60)
What This Means (2025 FDD)
According to Stretch Zone's 2025 Franchise Disclosure Document, there is no currently pending material federal or state court litigation involving their use of, or ownership rights in, the Principal Trademark or other marks. This means that as of the date of the FDD, Stretch Zone is not involved in any ongoing lawsuits regarding their trademarks at the federal or state level.
However, the FDD also states that Stretch Zone's registration of their Principal Trademark does not prohibit others from using the Principal Trademark or confusingly similar variations of it. This is applicable to those who may have established prior rights to the use of the Principal Trademark in territories where neither Stretch Zone nor its franchisees have operated or advertised under the Principal Trademark. Therefore, it is possible that other parties could claim prior rights to the trademark in certain areas, which could potentially lead to future disputes.
Furthermore, if there is any claim of infringement or challenge to a franchisee's right to use the Principal Trademark, the franchisee must notify Stretch Zone promptly in writing (within 7 days). Stretch Zone has sole discretion over any action taken regarding infringement, and the franchisee is obligated to assist Stretch Zone's attorneys in protecting their interests in any related litigation. Stretch Zone will indemnify the franchisee against damages and costs, including attorney's fees, if the franchisee has complied with the Franchise Agreement and allows Stretch Zone sole control of the defense and settlement of the action.