Regarding litigation involving Anago's Proprietary Marks, what assistance is an Anago Subfranchisor required to provide to protect the Franchisor's interests?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
To the extent that Subfranchisor, its employees, contractors or Unit Franchisees are deemed to have any interest in such Innovations, Subfranchisor hereby agrees to assign, and does assign, all right, title and interest in and to such Innovations to Franchisor.
To that end, Subfranchisorshall execute, verify, and deliver such documents (including, without limitation, assignments) and perform such other acts (including appearances as a witness) as Franchisor may reasonably request for use in applying for, obtaining, perfecting, evidencing, sustaining, and enforcing such ownership rights in and to the Innovations, and the assignment thereof.
Subfranchisor's obligation to assist Franchisor with respect to such ownership rights shall continue beyond the expiration or termination of this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, a Subfranchisor has obligations regarding innovations to confidential information. Specifically, if the Subfranchisor, their employees, contractors, or Unit Franchisees create any improvements, developments, or modifications to Anago's Confidential Information, these "Innovations" become the sole property of Anago.
The Subfranchisor must ensure that their employees, contractors, and Unit Franchisees have written agreements assigning all rights to these Innovations to the Subfranchisor, who in turn assigns them to Anago.
To protect Anago's ownership rights, the Subfranchisor must execute and deliver documents like assignments and perform actions such as appearing as a witness if reasonably requested by Anago. This obligation to assist Anago continues even after the Subfranchise Agreement expires or terminates.