Who controls litigation if someone infringes on the Bens Soft Pretzels Trademarks?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
In the event any person or entity improperly uses or infringes the Trademarks or challenges your use or our use or ownership of the Trademarks, we will control all litigation and we have the right to determine whether suit will be instituted, prosecuted or settled, the terms of settlement and whether any other action will be taken.
You must promptly notify us of any such use or infringement of which you are aware or any challenge or claim arising out of your use of any Trademark.
You must take reasonable steps, without compensation, to assist us with any action we undertake.
We will be responsible for our fees and expenses with any such action, unless the challenge or claim results from your misuse of the Trademarks in violation of this Agreement, in which case you must reimburse us for our fees and expenses.
Source: Item 22 — CONTRACTS (FDD pages 46–47)
What This Means (2025 FDD)
According to Bens Soft Pretzels' 2025 Franchise Disclosure Document, Bens Soft Pretzels maintains control over any litigation related to the Trademarks. This means that if another entity improperly uses or infringes upon the Bens Soft Pretzels Trademarks, or challenges the franchisee's or franchisor's use or ownership of the Trademarks, Bens Soft Pretzels has the sole right to decide whether to initiate, pursue, or settle any legal action. They also determine the terms of any settlement and whether any other action should be taken.
As a franchisee, you are required to promptly inform Bens Soft Pretzels of any known infringement or challenges to the Trademarks. Additionally, you must provide reasonable assistance to Bens Soft Pretzels in any legal actions they undertake, without receiving compensation for your assistance.
Bens Soft Pretzels will cover their own fees and expenses related to such legal actions, unless the challenge or claim arises from the franchisee's misuse of the Trademarks in violation of the Franchise Agreement. In such cases, the franchisee is responsible for reimbursing Bens Soft Pretzels for all fees and expenses incurred.