If an Anago Subfranchisor becomes aware of a potential infringement of the Proprietary Marks, what is the deadline for notifying the Franchisor in writing?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
(a) Upon any claim of infringement, unfair competition or other challenge to Subfranchisor's right to use any Proprietary Mark, or if Subfranchisor becomes aware of any use of or claims to, any mark, name, logo or any other commercial symbol identical to or confusingly
similar to any Proprietary Mark, Subfranchisor will promptly notify Franchisor in writing immediately and in no event later than 10 days following the date Subfranchisor becomes aware of any such infringement, unfair competition, challenge or use;
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, a Subfranchisor must promptly notify Anago in writing if they become aware of any potential infringement, unfair competition, or challenge to the Proprietary Marks. This notification must be made immediately and in no event later than 10 days following the date the Subfranchisor becomes aware of such an issue.
This requirement ensures that Anago is quickly informed of any potential threats to its brand and intellectual property. By setting a firm 10-day deadline, Anago aims to address these issues promptly and protect its trademarks. The Subfranchisor is also restricted from communicating with anyone else about the infringement besides Anago and its counsel, ensuring that Anago maintains control over the response and any legal actions.
This clause is important for prospective Subfranchisors as it highlights their responsibility in safeguarding Anago's Proprietary Marks. Failure to report potential infringements within the specified timeframe could have legal and financial repercussions for the Subfranchisor. Subfranchisors should establish internal procedures to monitor for and report any potential infringements to ensure compliance with the franchise agreement.