What action is Angry Chickz required to take if a franchisee notifies them of a trademark infringement?
Angry_Chickz Franchise · 2025 FDDAnswer from 2025 FDD Document
While we are not required to defend you against a claim against your use of our trademark. You must notify us immediately when you learn about an infringement of or challenge to your use of our trademarks. We will take the action we think appropriate, if any. We will have sole discretion to take the action we deem appropriate and will have the right to control exclusively any litigation or U.S. Patent and Trademark Office proceeding arising out of any infringement, challenge or claim relating to any principal trademark. You must sign all documents, render assistance and do all things that our counsel deems necessary to protect our interests in any litigation or U.S. Patent and Trademark Office proceeding or otherwise to protect our interests in the principal trademarks.
Source: Item 13 — TRADEMARKS (FDD pages 36–38)
What This Means (2025 FDD)
According to Angry Chickz's 2025 Franchise Disclosure Document, while Angry Chickz is not required to defend a franchisee against claims related to the use of their trademark, franchisees are obligated to notify Angry Chickz immediately upon learning of any infringement or challenges to the trademark use. Following notification from the franchisee, Angry Chickz will then decide what action, if any, they deem appropriate to take.
Angry Chickz retains sole discretion in determining the appropriate action and has the exclusive right to control any litigation or U.S. Patent and Trademark Office proceeding that arises from infringement, challenges, or claims related to any principal trademark. This means that while the franchisee is responsible for informing Angry Chickz of potential issues, Angry Chickz maintains control over the legal strategy and response.
Furthermore, the franchisee is required to cooperate fully with Angry Chickz in protecting the trademarks. This includes signing necessary documents, providing assistance, and complying with any actions deemed necessary by Angry Chickz's counsel to protect their interests in litigation, U.S. Patent and Trademark Office proceedings, or other measures to safeguard the principal trademarks. This places the onus on the franchisee to actively support Angry Chickz's efforts to defend and protect their trademarks.