factual

Can an Angry Chickz franchisee prosecute a claim against an alleged infringer of the Marks?

Angry_Chickz Franchise · 2025 FDD

Answer from 2025 FDD Document

Franchisee shall have no right to make any demand against any alleged infringer or to prosecute any claim of any kind or nature whatsoever against any alleged infringer for or on account of such infringement.

Source: Item 22 — CONTRACTS (FDD page 54)

What This Means (2025 FDD)

According to the 2025 Angry Chickz Franchise Disclosure Document, an Angry Chickz franchisee is not permitted to prosecute a claim against an alleged infringer of the company's trademarks (the Marks). If a franchisee becomes aware of unauthorized use of Angry Chickz's trade dress or Marks, they must promptly notify the company. Angry Chickz then has the sole discretion to decide whether or not to take action against the third party.

This means that the franchisee is responsible for informing Angry Chickz of any potential trademark infringement, but the franchisee does not have the authority to independently pursue legal action to protect the brand's intellectual property. This is a common arrangement in franchising, as it allows the franchisor to maintain control over the brand's image and legal strategy.

Furthermore, the franchisee is obligated to sign documents and take reasonable actions deemed necessary by Angry Chickz's attorneys to protect the company's interests in litigation or proceedings related to the Marks. The franchisee can participate in the defense or settlement at their own expense, but Angry Chickz's decisions regarding the claim are final. The franchisee also agrees not to communicate with anyone other than Angry Chickz, its licensor, and their respective attorneys regarding any infringement, challenge, or claim.

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.