What is Angry Chickz's obligation if a franchisee learns 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 trademark use, franchisees must immediately notify Angry Chickz upon learning of any trademark infringement or challenges to trademark use.
Upon notification from the franchisee, Angry Chickz will then decide on the appropriate action, if any, to take. Angry Chickz retains sole discretion in determining the course of 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 the principal trademark.
Furthermore, the franchisee is obligated to sign all necessary documents, provide assistance, and perform all actions deemed necessary by Angry Chickz's counsel to protect the company's interests in any litigation, U.S. Patent and Trademark Office proceeding, or to otherwise safeguard Angry Chickz's interests in its principal trademarks. This means that while Angry Chickz takes the lead in legal matters, the franchisee has a responsibility to cooperate fully in protecting the brand's trademarks.