Does the Apricot Lane Franchise Agreement require franchisees to notify COUNTRY VISIONS of any infringement claims?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
You must promptly notify COUNTRY VISIONS of any infringement of or challenge to your use of the Marks. You must also notify us of any action, claim or demand against you relating to the Marks within 10 days after you receive notice of it. Upon receiving notice from you, COUNTRY VISIONS will take the action we think is appropriate and has the right to control exclusively any litigation, USPTO proceeding or any other administrative proceeding arising from any infringement, challenge or claim or otherwise relating to the Marks. If we initiate an action, we will bear all expenses of the proceedings. If
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 33–34)
What This Means (2025 FDD)
According to the 2025 Apricot Lane FDD, franchisees are required to notify COUNTRY VISIONS of any infringement or challenges to the use of the Marks. Franchisees must also notify COUNTRY VISIONS of any action, claim, or demand against them relating to the Marks within 10 days of receiving notice.
Upon receiving notice from a franchisee, COUNTRY VISIONS will decide what action it deems appropriate and has the right to exclusively control any litigation, USPTO proceeding, or any other administrative proceeding arising from any infringement, challenge, claim, or otherwise relating to the Marks. If COUNTRY VISIONS initiates an action, it will bear all expenses of the proceedings.
This notification requirement is a standard practice in franchising, as it allows the franchisor to protect its brand and trademarks. By retaining control over legal proceedings, Apricot Lane can ensure consistent and effective defense of its Marks. This also benefits the franchisee by relieving them of the burden and expense of managing such legal challenges independently, provided that COUNTRY VISIONS initiates the action.