Must a Bens Soft Pretzels franchisee notify the franchisor of any Trademark infringement?
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 have a responsibility to inform Bens Soft Pretzels Franchising Corporation about any potential trademark infringements or challenges. Specifically, if a franchisee becomes aware of any unauthorized use or infringement of the Bens Soft Pretzels trademarks, or if there's a challenge or claim against the use or ownership of these trademarks, the franchisee must promptly notify the franchisor. This obligation ensures that Bens Soft Pretzels can take appropriate action to protect its brand and intellectual property.
This notification requirement is crucial for maintaining the integrity and value of the Bens Soft Pretzels brand. By promptly reporting any potential infringements, franchisees assist the franchisor in taking timely legal action against those who misuse the trademarks. This helps prevent consumer confusion and ensures that the quality and reputation associated with the Bens Soft Pretzels brand are not compromised. The franchisee is also obligated to take reasonable steps to assist Bens Soft Pretzels with any legal actions, without receiving compensation for this assistance.
Bens Soft Pretzels retains control over any litigation related to trademark infringements, including the decision to initiate, prosecute, or settle lawsuits. The franchisor is responsible for the fees and expenses associated with such legal actions, unless the challenge or claim arises from the franchisee's misuse of the trademarks. In such cases, the franchisee is responsible for reimbursing Bens Soft Pretzels for their fees and expenses. This provision underscores the importance of franchisees adhering to the trademark usage guidelines set forth in the franchise agreement.
Overall, the FDD emphasizes the importance of protecting the Bens Soft Pretzels trademarks and requires franchisees to play an active role in identifying and reporting any potential infringements. This collaborative approach helps maintain the strength and value of the brand, benefiting both the franchisor and all franchisees within the Bens Soft Pretzels system.