factual

What is an Anago franchisee obligated to do upon any infringement of, or challenge to, their use of any copyrighted work?

Anago Franchise · 2025 FDD

Answer from 2025 FDD Document

Upon any infringement of, or challenge to, your use of any copyrighted work, you are obligated to immediately notify us and we have sole discretion to take any action as we deem appropriate.

If we deem it advisable to modify or discontinue use of any copyrighted work and/or use one or more new or derivative copyrighted work, you are obligated to do so.

We are not required by the Subfranchise Rights Agreement to defend you against any infringement, unfair competition or other claim respecting your use of any copyrighted work.

Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 41–43)

What This Means (2025 FDD)

According to Anago's 2025 Franchise Disclosure Document, if there is any infringement of, or challenge to, a franchisee's use of any copyrighted work, the franchisee is obligated to immediately notify Anago. Anago then has the sole discretion to take any action it deems appropriate.

This means that if a franchisee is accused of copyright infringement or faces a challenge to their right to use copyrighted material in their Anago business, they must inform Anago immediately. It is then up to Anago to decide how to respond to the situation. The franchisee does not have the authority to independently address the issue.

Furthermore, if Anago decides that it is advisable to modify or discontinue the use of any copyrighted work, or to use a new or derivative copyrighted work, the franchisee is obligated to comply with Anago's decision. However, the FDD specifies that Anago is not required by the Subfranchise Rights Agreement to defend the franchisee against any infringement, unfair competition, or other claim respecting the franchisee's use of any copyrighted work. This indicates that while Anago will be notified and has the discretion to act, the franchisee may ultimately be responsible for their own legal defense in such matters.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.