What control does Angry Chickz have over litigation arising from 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 the 2025 Angry Chickz Franchise Disclosure Document, while Angry Chickz is not required to defend a franchisee against claims arising from the use of their trademark, the company maintains significant control over any litigation related to trademark infringement. Specifically, franchisees must immediately notify Angry Chickz upon learning of any infringement or challenges to the use of their trademarks.
Angry Chickz retains the sole discretion to take any action it deems appropriate in response to such notifications. This includes the exclusive right to control any litigation or U.S. Patent and Trademark Office proceeding that arises from infringement, challenges, or claims relating to any principal trademark.
The FDD stipulates that franchisees are obligated to cooperate fully with Angry Chickz in protecting its trademark interests. This includes signing all necessary documents, providing assistance, and performing any actions deemed necessary by Angry Chickz's counsel to protect the company's interests in any litigation or U.S. Patent and Trademark Office proceeding, or to otherwise safeguard the principal trademarks. This level of control is typical in franchising, as the franchisor needs to protect the brand's reputation and value, which are tied to the trademarks.