factual
What rights does Bang Cookies have in managing the defense of a trademark claim for which they are reimbursing a franchisee in Minnesota?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
- B. Item 13, "Trademarks", Item 13 is supplemented by the addition of the following: As required by the Minnesota Franchise Act, Minn. Stat. Sec. 80C.12(g), we will reimburse you for any costs incurred by you in the defense of your right to use the marks, so long as you were using the marks in the manner authorized by us, and so long as we are timely notified of the claim and given the right to manage the defense of the claim including the right to compromise, settle or otherwise resolve the claim, and to determine whether to appeal a final determination of the claim.
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to Bang Cookies's 2024 Franchise Disclosure Document, if a franchisee in Minnesota is defending their right to use Bang Cookies's trademarks and Bang Cookies is reimbursing the franchisee for those costs, Bang Cookies has specific rights in managing the defense.
Bang Cookies has the right to manage the defense of the claim. This includes the right to compromise, settle, or otherwise resolve the claim. Bang Cookies also has the right to determine whether to appeal a final determination of the claim.
However, these rights are contingent on the franchisee using the marks in a manner authorized by Bang Cookies and that Bang Cookies is notified of the claim in a timely manner.
Disclaimer: This information is extracted from the 2024 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.