What must a Belocal franchisee do to assist in litigation concerning the Copyrighted Materials?
Belocal Franchise · 2025 FDDAnswer from 2025 FDD Document
You must immediately notify us of any infringement of the Copyrighted Materials or of any challenge to your use of any of the Copyrighted Materials or claim by any person of any rights in any of the Copyrighted Materials. You and your Principals must agree not to communicate with any person other than us, any designated affiliate, and our or their counsel about any infringement, challenge, or claim of this type. We or our affiliates have sole discretion (but not the obligation) to take any action we deem appropriate and the right to exclusively control any litigation, or U.S. Copyright Office (or other) proceeding, arising out of any alleged infringement, challenge, or claim concerning any of the Copyrighted Materials. You must execute all instruments and documents and give us any assistance that, in our counsel's opinion, may be necessary or advisable to protect and maintain our interests or those of our affiliates in any litigation or proceeding of this type or to otherwise protect and maintain our or their interests in the Copyrighted Materials. We and our affiliates may, in our sole discretion, modify or discontinue use of the Copyrighted Materials or other confidential information and/or use other information and/or rights in their place. If we decide to modify or discontinue use of any of the Copyrighted Materials or other confidential information for any reason, you must do the same, at your expense.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 46–47)
What This Means (2025 FDD)
According to Belocal's 2025 Franchise Disclosure Document, a franchisee has specific obligations regarding Copyrighted Materials and potential litigation. If a franchisee becomes aware of any infringement or challenges to the use of Belocal's Copyrighted Materials, they must immediately notify Belocal. The franchisee and their Principals are prohibited from communicating with anyone other than Belocal, its affiliates, or their counsel about such matters.
Belocal retains sole discretion over any legal action related to alleged infringement, challenges, or claims concerning the Copyrighted Materials. The franchisee is obligated to execute all necessary documents and provide any assistance that Belocal's counsel deems necessary to protect Belocal's interests in any litigation or proceeding. This could involve providing information, signing affidavits, or other forms of cooperation as required by Belocal's legal team.
Furthermore, Belocal reserves the right to modify or discontinue the use of Copyrighted Materials at its discretion. If Belocal decides to make such changes, the franchisee must comply at their own expense. This includes discontinuing the use of old materials and adopting the updated versions. This highlights the importance of franchisees staying informed about any changes to Belocal's Copyrighted Materials and being prepared to adapt accordingly.