Does Angry Chickz have an obligation to defend franchisees against claims against their use of the trademark?
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, Angry Chickz is not required to defend franchisees against claims against their use of the Angry Chickz trademark. However, franchisees must immediately notify Angry Chickz if they become aware of any infringement or challenges to the use of the trademarks. Angry Chickz retains sole discretion to take any action it deems appropriate regarding such infringements or challenges.
Angry Chickz has the right to exclusively control any litigation or U.S. Patent and Trademark Office proceeding arising from any infringement, challenge, or claim relating to any principal trademark. Franchisees are obligated to sign all documents, provide assistance, and perform all actions deemed necessary by Angry Chickz's counsel to protect their interests in any litigation, U.S. Patent and Trademark Office proceeding, or to otherwise protect their interests in the principal trademarks.
This means that while Angry Chickz does not have a mandatory obligation to defend franchisees, they do retain control over how the trademarks are defended. The franchisee is responsible for cooperating with Angry Chickz in any legal matters pertaining to the trademarks. This is a fairly typical arrangement in franchising, as franchisors generally want to maintain control over their brand's image and legal defense.