Is a Bens Soft Pretzels franchisee required to notify the franchisor of any 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 the 2025 Bens Soft Pretzels Franchise Disclosure Document, franchisees are required to promptly notify Bens Soft Pretzels of any potential trademark infringements or challenges. This obligation extends to any use or infringement of the Trademarks that the franchisee becomes aware of, as well as any claims arising from the franchisee's use of any Trademark.
This requirement ensures that Bens Soft Pretzels can take appropriate action to protect its brand and intellectual property. Bens Soft Pretzels retains control over any litigation related to trademark infringement, including the decision to initiate, prosecute, or settle suits. The franchisee is expected to provide reasonable assistance in any such actions, without compensation.
Bens Soft Pretzels will cover the fees and expenses associated with these legal actions, unless the issue arises from the franchisee's misuse of the Trademarks, in which case the franchisee is responsible for reimbursing Bens Soft Pretzels for these costs. This provision underscores the importance of franchisees adhering to the brand's standards and guidelines for trademark usage to avoid potential legal liabilities.