Trademark and Trade Dress Dispute Policy

This Trademark and Trade Dress Dispute Policy ("Policy") establishes a formal notice-and-takedown procedure for resolving non-copyright intellectual property disputes — specifically trademark, service mark, trade name, and trade dress infringement claims — arising from content published on the Franchise Builder US marketplace. This Policy is separate from and does not modify the platform's DMCA / Copyright Policy, which governs copyright infringement claims exclusively.

This Policy applies to all marketplace listings, franchisee social media content, broker-uploaded marketing assets, and any other user-generated content displayed on or transmitted through the Service that may implicate trademark, trade dress, or trade name rights of third parties.

A "Trademark or Trade Dress Dispute" arises when a rights holder believes that content on the marketplace infringes their registered or common-law trademark, service mark, trade name, or trade dress — including but not limited to:

• Use of a logo, brand name, or slogan that is identical or confusingly similar to a registered or well-known trademark
• Use of trade dress (product configuration, packaging, store design, or overall look and feel) that copies a competitor's distinctive trade dress
• Use of a trade name that creates a likelihood of confusion with an existing franchise brand
• Use of a famous mark in a manner that dilutes its distinctiveness or tarnishes its reputation (dilution by blurring or tarnishment under the Lanham Act, 15 U.S.C. § 1125(c))
• Use of a celebrity's name, image, or likeness in a manner that implies false endorsement or association (Lanham Act § 43(a), 15 U.S.C. § 1125(a))

To submit a Trademark or Trade Dress Dispute notice, the rights holder (or their authorized representative) must submit a written notice through the platform's Support section or by email to the platform's designated IP agent. The notice must include the following information:

• Identification of the mark: The specific trademark, service mark, trade name, or trade dress claimed to be infringed, including the registration number and jurisdiction if registered
• Evidence of ownership: Documentation establishing the complaining party's ownership of the mark (e.g., trademark registration certificate, assignment, or license) or, for common-law marks, evidence of use in commerce
• Identification of the infringing content: The specific marketplace listing URL, social media post, or other content that is alleged to infringe, with sufficient detail to locate the content
• Statement of infringement: A specific explanation of how the identified content infringes the complaining party's mark, including the basis for likelihood of confusion, dilution, or false endorsement
• Good faith statement: A statement that the complaining party has a good faith belief that the use of the mark in the manner complained of is not authorized by the trademark owner, its agent, or the law
• Accuracy statement: A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the mark
• Physical or electronic signature: A physical or electronic signature of the complaining party or their authorized representative

Upon receipt of a valid Trademark or Trade Dress Dispute notice, Franchise Builder US will:

• Acknowledge receipt of the notice within five (5) business days
• Review the notice for completeness and facial validity — including verifying that the complaining party has provided evidence of trademark ownership and a specific statement of infringement
• Notify the listing owner (the user who posted the allegedly infringing content) within ten (10) business days, providing them with a copy of the notice and an opportunity to respond
• Temporarily restrict public access to the disputed content pending resolution, if the notice appears facially valid and the disputed content is likely to cause ongoing consumer confusion or irreparable harm
• Make a determination within twenty (20) business days of receiving the notice, based on the information provided by both parties

If the listing owner fails to respond within ten (10) business days of notification, Franchise Builder US may proceed with a determination based on the complaining party's notice alone.

If the listing owner believes that the trademark dispute notice was submitted in error or that they have a valid right to use the mark, they may submit a counter-notification through the Support section of the platform. The counter-notification must include:

• Identification of the content that was restricted or removed
• A statement explaining why the listing owner believes they have the right to use the mark (e.g., they own the mark, they have a license, the use is nominative fair use, or the use is otherwise lawful)
• Evidence supporting the listing owner's claim (e.g., trademark registration, license agreement, or legal opinion)
• A statement under penalty of perjury that the listing owner believes in good faith that the content was removed or restricted due to a mistake or misidentification
• The listing owner's contact information and consent to the jurisdiction of a federal court in the district where they reside (or where the platform is located)

Upon receipt of a valid counter-notification, Franchise Builder US will forward it to the complaining party. If the complaining party does not file an action seeking a court order against the listing owner within thirty (30) days, Franchise Builder US may restore the disputed content.

Franchise Builder US recognizes that certain uses of third-party trademarks constitute nominative fair use — i.e., using a trademark to refer to the trademark owner's own product or service, rather than to suggest affiliation or endorsement. Nominative fair use includes:

• Using a franchisor's own brand name in a marketplace listing for that franchisor's franchise offering
• Comparative advertising that truthfully references a competitor's brand name for the purpose of comparison
• Using a trademarked term in a descriptive or referential sense (e.g., "Compatible with [Brand Name] systems")

Listing owners who assert a nominative fair use defense in their counter-notification should explain how their use satisfies the three-factor test from New Kids on the Block v. News America Publishing, 971 F.2d 302 (9th Cir. 1992): (1) the product or service in question must be one not readily identifiable without use of the trademark; (2) only so much of the mark or marks may be used as is reasonably necessary to identify the product or service; and (3) the user must do nothing that would, in conjunction with the mark, suggest sponsorship or endorsement by the trademark holder.

Franchise Builder US maintains a three-strike policy for trademark and trade dress infringement, consistent with the DMCA Repeat Infringer Termination Policy for copyright claims:

• First Strike: The infringing content is removed or restricted, and the user receives a written warning
• Second Strike: Upon a second valid trademark dispute notice within a 12-month period, the user's ability to post new marketplace listings is temporarily suspended for 30 days
• Third Strike: Upon a third valid trademark dispute notice, the user's account is permanently terminated and all user-generated content is removed

This Policy governs non-copyright intellectual property disputes only — specifically trademark, trade dress, and trade name claims. Copyright infringement claims continue to be governed exclusively by the platform's DMCA / Copyright Policy and the Digital Millennium Copyright Act (17 U.S.C. § 512). Where a single notice alleges both copyright and trademark infringement, the platform will process the copyright portion under the DMCA Policy and the trademark portion under this Policy, and the two processes will run concurrently.

This Policy is a platform dispute resolution mechanism and does not constitute legal advice. Franchise Builder US is not a court of law and does not adjudicate trademark disputes — it provides a notice-and-takedown process to facilitate good-faith resolution. Parties to a trademark dispute are encouraged to consult with a qualified trademark attorney to understand their rights and obligations under the Lanham Act (15 U.S.C. § 1051 et seq.) and applicable state trademark laws.

Franchise Builder US reserves the right to decline to process a trademark dispute notice that is facially deficient, that appears to be submitted in bad faith, or that raises complex legal questions that require judicial resolution. In such cases, the platform will notify the complaining party and recommend that they pursue their claim through the courts. Franchise Builder US is not liable for any damages arising from its good-faith administration of this Policy, including the temporary restriction or restoration of disputed content.