Must a Bens Soft Pretzels franchisee assist with actions related to Trademark infringement?
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, franchisees are required to assist the company in the event of trademark infringement. Specifically, if any person or entity improperly uses or infringes upon the Bens Soft Pretzels trademarks, the franchisor retains control over all litigation and has the right to decide whether to pursue legal action, settle the matter, or take any other action.
As a franchisee, you must promptly inform Bens Soft Pretzels of any such trademark infringement or challenges to the use or ownership of the trademarks that you become aware of. Furthermore, you are obligated to take reasonable steps to assist Bens Soft Pretzels with any action they undertake, and you will not be compensated for this assistance.
However, Bens Soft Pretzels will be responsible for their own fees and expenses related to such actions, unless the challenge or claim arises from your misuse of the trademarks in violation of the Franchise Agreement. In that case, you would be responsible for reimbursing Bens Soft Pretzels for their fees and expenses. This clause highlights the importance of adhering to Bens Soft Pretzels's guidelines for trademark usage to avoid potential legal liabilities and financial burdens.