Who controls litigation involving improper use of 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's 2025 Franchise Disclosure Document, Bens Soft Pretzels maintains control over any litigation involving the Trademarks. Specifically, if any person or entity improperly uses or infringes upon the Trademarks, or challenges the franchisee's or Bens Soft Pretzels's use or ownership of the Trademarks, Bens Soft Pretzels has the right to control all litigation. This includes the right to decide whether to initiate, prosecute, or settle a lawsuit, and to determine the terms of any settlement.
As a Bens Soft Pretzels franchisee, you are required to promptly inform Bens Soft Pretzels of any known use or infringement of the Trademarks, or any challenge or claim related to your use of any Trademark. Additionally, you must take reasonable steps to assist Bens Soft Pretzels with any action they undertake, without compensation.
Bens Soft Pretzels will be responsible for their own fees and expenses related to such 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 will be required to reimburse Bens Soft Pretzels for their fees and expenses. This is a fairly standard arrangement in franchising, as the franchisor has a vested interest in protecting its brand's trademarks, but it also means the franchisee could face unexpected legal bills if they misuse the trademarks.