With whom is the Annex Brands franchisee permitted to communicate regarding any infringement, challenge, or claim related to the Marks?
Annex_Brands Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee agrees to notify Franchisor in writing of any apparent infringement of or challenge to Franchisee's use of any Mark, or of any claim by any person of any rights in any Mark or any similar trade name, trademark or service mark, promptly after Franchisee becomes aware of such infringement, challenge or claim.
Franchisee will not communicate with any person other than legal counsel, Franchisor and its counsel in connection with any such infringement, challenge or claim.
Source: Item 22 — Contracts (FDD pages 109–110)
What This Means (2025 FDD)
According to Annex Brands' 2025 Franchise Disclosure Document, a franchisee who becomes aware of any infringement or challenge to their use of any Mark, or any claim by any person of any rights in any Mark, must promptly notify Annex Brands in writing. The franchisee is restricted in who they can discuss these matters with.
Specifically, the franchisee is permitted to communicate only with their legal counsel, Annex Brands, and Annex Brands' counsel regarding any such infringement, challenge, or claim. This restriction ensures that Annex Brands maintains control over the response to any potential trademark issues and can coordinate a consistent legal strategy.
This provision is fairly standard in franchising, as franchisors typically want to control the defense and management of their trademarks. By limiting communication, Annex Brands aims to prevent franchisees from taking actions that could harm the brand or create legal complications. It is important for prospective franchisees to understand this restriction and ensure they direct all relevant communications through the proper channels to comply with the franchise agreement.