Who has the right to control litigation related to infringement of Beef O Bradys' Marks?
Beef_O_Bradys Franchise · 2025 FDDAnswer from 2025 FDD Document
You agree to notify us immediately of any apparent infringement or challenge to your use of any Mark, or of any claim by any person of any rights in any Mark, and you agree not to communicate with any person other than us, our attorneys and your attorneys in connection with any such infringement, challenge or claim.
We have sole discretion to take such action as we deem appropriate and the right to control exclusively any litigation, U.S. Patent and Trademark Office proceeding or any other administrative proceeding arising out of any such infringement, challenge or claim or otherwise relating to any Mark.
You agree to sign any and all instruments and documents, render such assistance and do such acts and things as, in the opinion of our attorneys, may be necessary or advisable to protect and maintain our interests in any litigation or Patent and Trademark Office or other proceeding or otherwise to protect and maintain our interests in the Marks.
Source: Item 23 — RECEIPTS. (FDD pages 66–330)
What This Means (2025 FDD)
According to Beef O Bradys' 2025 Franchise Disclosure Document, Beef O Bradys retains sole discretion and the right to exclusively control any litigation, U.S. Patent and Trademark Office proceeding, or any other administrative proceeding arising out of infringement, challenge, or claim relating to any Mark. The Marks are defined as the trade and service marks “Beef 'O' Brady’s®,” “'O’Brady’s®,” “Beef’s®” and other associated logos, designs, artwork and trade dress and additional trademarks, service marks and commercial symbols that Beef O Bradys uses, promotes and licenses in conjunction with the operation of Family Sports Pubs.
This means that if a franchisee becomes aware of any potential infringement or challenge to the use of the Beef O Bradys Marks, they must immediately notify Beef O Bradys. The franchisee is not allowed to communicate with any other party regarding the infringement without Beef O Bradys' consent.
Furthermore, the franchisee is obligated to sign documents, provide assistance, and perform any actions deemed necessary by Beef O Bradys' attorneys to protect and maintain their interests in any litigation or proceeding related to the Marks. This obligation ensures that Beef O Bradys can effectively manage and protect its brand identity and intellectual property, while the franchisee must cooperate fully in these efforts. This is a fairly standard clause in franchise agreements, as the franchisor is responsible for protecting the brand's trademarks and image.