Who has the right to control litigation related to infringement of Bb.Q Chicken's Marks?
Bb_Q_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
You must immediately notify us of any apparent infringement of the Marks or challenge to your use of any of
the Marks or claim by any person of any rights in any of the Marks. You and your Principals are not permitted to communicate with any person other than us, our counsel and your counsel involving any infringement, challenge or claim. We can take action and have the right to exclusively control any litigation or USPTO or other administrative or agency proceeding caused by any infringement, challenge or claim or otherwise relating to any of the Marks. You must sign any and all documents, and do what may, in our counsel's opinion, be necessary or advisable to protect our interests in any litigation or USPTO or other administrative or agency proceeding or to otherwise protect and maintain our interests and the interests of any other person or entity having an interest in the Marks.
We will indemnify you against and reimburse you for all damages for which you are held liable for your use of any of the Marks, provided that the conduct of you and your Principals in the proceeding and use of the Marks is in full compliance with the terms of the Franchise Agreement.
Except as provided above, we are not obligated by the Franchise Agreement to protect any rights granted to you to use the Marks or to protect you against claims of infringement or unfair competition with respect to them. Although we are not contractually obligated to protect the Marks or your right to use them, as a matter of corporate policy we intend to defend the Marks vigorously.
Source: Item 13 — TRADEMARKS (FDD pages 45–46)
What This Means (2025 FDD)
According to Bb.Q Chicken's 2025 Franchise Disclosure Document, Bb.Q Chicken retains exclusive control over any litigation related to the infringement, challenge, or claim involving its trademarks. This means that Bb.Q Chicken, not the franchisee, decides how to handle legal matters concerning the brand's intellectual property.
For a prospective Bb.Q Chicken franchisee, this signifies that while they must promptly report any potential infringement or challenges to the trademarks, they cannot independently pursue legal action. Bb.Q Chicken has the sole authority to manage such situations. Franchisees are obligated to cooperate fully with Bb.Q Chicken by signing necessary documents and taking actions deemed advisable by Bb.Q Chicken's counsel to protect the brand's interests.
Bb.Q Chicken also commits to indemnify and reimburse franchisees for damages they are held liable for due to their use of the trademarks, provided they have fully complied with the Franchise Agreement. However, Bb.Q Chicken is not obligated to protect the franchisee against infringement claims, though they state that as a matter of corporate policy, they intend to defend the marks vigorously. This division of responsibility ensures brand consistency and protection under the direction of the franchisor.
This arrangement is fairly typical in franchising, where the franchisor maintains control over brand-related legal matters to ensure uniformity and protect the overall brand integrity. Franchisees benefit from this arrangement because they are not burdened with the complexities and costs of trademark litigation, while Bb.Q Chicken can ensure consistent legal strategies across all franchise locations.