Who has the right to control litigation relating to the Benjamin Franklin Plumbing Marks?

According to the 2025 Benjamin Franklin Plumbing FDD, Benjamin Franklin Franchising SPE LLC maintains the exclusive right to initiate, direct, and control any litigation or administrative proceedings pertaining to the Marks and Works. This encompasses all aspects of legal actions, including settlement negotiations.

As a Benjamin Franklin Plumbing franchisee, you are obligated to promptly inform the franchisor of any suspected or known unauthorized use of the Marks or Works. Additionally, you must report any challenges to the validity, ownership, or the right to license the Marks or Works. Furthermore, the franchisee is required to sign documents and provide any assistance deemed necessary by the franchisor's counsel to protect their interests in the Marks and the Works.

This clause ensures that Benjamin Franklin Plumbing maintains complete control over its brand and intellectual property. It prevents franchisees from independently pursuing legal actions that could potentially harm the brand's reputation or create conflicting legal precedents. While franchisees are responsible for reporting infringements or challenges, the ultimate decision on how to proceed legally rests with the franchisor. This is a common practice in franchising, as it allows the franchisor to maintain a consistent and unified approach to protecting its brand assets.