Is a Bens Soft Pretzels franchisee compensated for assisting the franchisor with trademark litigation?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
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 the 2025 Bens Soft Pretzels Franchise Disclosure Document, franchisees are required to assist the franchisor with trademark litigation-related matters without compensation. Specifically, if there is an improper use or infringement of the Bens Soft Pretzels trademarks, the franchisee must promptly notify Bens Soft Pretzels.
Furthermore, the franchisee is obligated to take reasonable steps to assist Bens Soft Pretzels with any action the franchisor undertakes regarding trademark litigation. This assistance is required without any compensation to the franchisee.
Bens Soft Pretzels will cover its own fees and expenses related to such actions, unless the claim or challenge arises from the franchisee's misuse of the trademarks, in which case the franchisee is responsible for reimbursing Bens Soft Pretzels for their fees and expenses.