Who reserves the right to control litigation involving Benjamin Franklin Plumbing's copyrights?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
You must notify us immediately when you learn about an infringement of, or challenge to, the copyrights. We will take the action we think is appropriate. We, and our affiliates reserve the right to control any litigation involving our copyrights. You must cooperate fully in prosecuting, defending, or settling any litigation.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 64–65)
What This Means (2025 FDD)
According to Benjamin Franklin Plumbing's 2025 Franchise Disclosure Document, Benjamin Franklin Plumbing and its affiliates reserve the right to control any litigation involving its copyrights. This means that if there is a lawsuit concerning the copyrights licensed to a franchisee, Benjamin Franklin Plumbing, not the franchisee, will direct the legal strategy and make decisions about the case.
As a Benjamin Franklin Plumbing franchisee, you are required to notify Benjamin Franklin Plumbing immediately if you become aware of any infringement or challenge to their copyrights. While Benjamin Franklin Plumbing is not obligated to take action, they will decide what action they deem appropriate. Franchisees are obligated to cooperate fully in prosecuting, defending, or settling any litigation related to Benjamin Franklin Plumbing's copyrights.
This arrangement is fairly typical in franchising, as franchisors need to protect their intellectual property to maintain brand consistency and value. It is important for a prospective Benjamin Franklin Plumbing franchisee to understand that they will have to rely on Benjamin Franklin Plumbing to protect the copyrights and will have limited control over any related legal proceedings. Franchisees also bear the responsibility of cooperating fully with Benjamin Franklin Plumbing in any such legal matters.