Who has the right to control litigation relating to any patent or copyright associated with the All County franchise?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
We are not obligated to protect any patents, patent applications, or copyrights, nor are we obligated to defend you against any claims arising from your use of any patented or copyrighted items. The Franchise Agreement does not require us to take any affirmative action when notified of a patent or copyright infringement. We have the right to control any litigation relating to any patent or copyright. We are not obligated to participate in the defense of a franchisee or indemnify the franchisee for expenses or damages in a proceeding involving a patent, patent application, or copyright licensed to the franchisee. We may require you to modify or discontinue using any subject matter covered by a patent or copyright and you are required to comply with any instructions we specify to you relating to the use of a patent or copyright.
Source: Item 14 — Patents, Copyrights, and Proprietary Information (FDD page 30)
What This Means (2025 FDD)
According to the 2025 All County Franchise Disclosure Document, All County retains the right to control any litigation pertaining to patents or copyrights. This means that if a legal dispute arises involving a patent or copyright related to the All County franchise system, All County has the authority to direct the legal strategy and make decisions regarding the litigation.
This control extends to any patents or copyrights, whether or not All County has registered them. The FDD states that All County is not obligated to protect any patents, patent applications, or copyrights, nor are they obligated to defend a franchisee against claims arising from the use of any patented or copyrighted items. Furthermore, the franchise agreement does not require All County to take any action upon notification of a patent or copyright infringement.
For a prospective franchisee, this means that while All County maintains control over litigation, they are not obligated to defend the franchisee or cover expenses or damages in a legal proceeding involving a patent or copyright. All County may also require the franchisee to modify or discontinue using any subject matter covered by a patent or copyright, and the franchisee must comply with these instructions. This arrangement places the responsibility and potential financial burden of defending against infringement claims primarily on the franchisee, while All County retains decision-making power over any related litigation.