Who has the right to institute proceedings or suits regarding infringement of the Specifications for 7 Brew?
7_Brew Franchise · 2025 FDDAnswer from 2025 FDD Document
(b) Infringement. Owner shall notify Manufacturer promptly in writing of any actual or suspected infringement or unauthorized use of the Specifications by any third party that may come to its attention. Manufacturer and its affiliates shall have the exclusive right, but not the obligation, to institute any interference, opposition, or cancellation proceeding or suit, or to take any other action, at its expense, joining the Owner as a party if necessary or desirable, on account of any such infringement or unauthorized use, and to keep all recoveries which may be provided by an award, settlement, or judgment resulting from such action. Should Manufacturer and its affiliates decide to enforce their rights in the Specifications, Owner shall reasonably cooperate with them at no cost or expense to Owner.
Source: Item 23 — RECEIPTS (FDD pages 83–279)
What This Means (2025 FDD)
According to 7 Brew's 2025 Franchise Disclosure Document, the Manufacturer and its affiliates possess the exclusive right, but not the obligation, to initiate any legal proceedings related to infringements or unauthorized use of the 7 Brew specifications. This includes interference, opposition, or cancellation proceedings or suits. They can also take any other action at their own expense.
If necessary or desirable, 7 Brew may include the franchisee as a party in these legal actions. Any monetary recoveries resulting from awards, settlements, or judgments from such legal actions will be retained by the Manufacturer and its affiliates.
The franchisee is required to promptly inform the Manufacturer in writing of any actual or suspected infringement or unauthorized use of the specifications by a third party that they become aware of. The franchisee must reasonably cooperate with 7 Brew and its affiliates should they decide to enforce their rights, and this cooperation will be at no cost or expense to the franchisee.