Who has the right to control administrative proceedings or litigation involving a Zoomin Groomin trademark licensed to a franchisee?
Zoomin_Groomin Franchise · 2025 FDDAnswer from 2025 FDD Document
If you learn of any claim against you for alleged infringement, unfair competition, orsimilar claims about the Marks, you must promptly notify us. We are not required to take affirmative action when notified of these uses or claims. We have the sole right to control any administrative proceedings or litigation involving a trademark licensed by us to you. The Franchise Agreement does not require us to participate in your defense or indemnify you for expenses or damages if you are a party to an administrative or judicial proceeding involving a trademark licensed by us to you or if the proceeding is resolved unfavorably to you.
Source: Item 13 — TRADEMARKS (FDD pages 34–36)
What This Means (2025 FDD)
According to Zoomin Groomin's 2025 Franchise Disclosure Document, Zoomin Groomin retains the sole right to control any administrative proceedings or litigation involving a trademark licensed to its franchisees. This means that if a legal issue arises concerning the use of the Zoomin Groomin trademark by a franchisee, the franchisor, Zoomin Groomin, will manage the legal process.
This control extends to administrative proceedings as well as court litigation. However, Zoomin Groomin is not required to participate in the franchisee's defense or cover any expenses or damages if the franchisee is involved in such proceedings, even if the outcome is unfavorable for the franchisee. This is a common arrangement in franchising, as the franchisor has a vested interest in protecting its brand and trademarks.
For a prospective Zoomin Groomin franchisee, this means that while they are granted the right to use the Zoomin Groomin trademarks, they do not have the authority to independently handle legal challenges related to those trademarks. Instead, they must promptly notify Zoomin Groomin of any claims of infringement or unfair competition. While Zoomin Groomin will control the legal proceedings, the franchisee may still be responsible for their own legal costs and any resulting damages.