Is Zoomin Groomin required to participate in the defense of a franchisee in a copyright proceeding?
Zoomin_Groomin Franchise · 2025 FDDAnswer from 2025 FDD Document
We do not have an obligation in the Franchise Agreement to protect our copyrights, but we intend to do so. We will remain in control of any such litigation. We are not required to participate in the defense of you or indemnify you for expenses or damages in a proceeding involving a copyright licensed to you.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 36–37)
What This Means (2025 FDD)
According to the 2025 Zoomin Groomin Franchise Disclosure Document, Zoomin Groomin is not required to participate in the defense of a franchisee or indemnify them for expenses or damages in a copyright infringement proceeding. However, Zoomin Groomin retains control of any litigation involving a trademark licensed to the franchisee.
This means that if a franchisee is sued for copyright infringement related to materials they are licensed to use, Zoomin Groomin is not obligated to provide legal defense or cover any resulting costs. However, Zoomin Groomin maintains the right to control any litigation involving a trademark licensed to the franchisee.
This is a significant risk for franchisees, as they could face legal action and financial burdens related to copyright issues, without the guaranteed support of the franchisor. Prospective franchisees should carefully consider this risk and seek legal counsel to understand their potential liabilities and options for protecting themselves.