Does Bens Soft Pretzels have any pending material litigation involving any patents or copyrights?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
There are no patents, patent applications or copyrights currently pending or registered that are material to the franchise, although we do claim copyright ownership and protection for our BEN'S SOFT PRETZELS Franchise Agreement, Manual, website and for various sales promotional and other materials published from time to time.
There are no currently effective determinations of the Copyright Office (Library of Congress), United States Patent and Trademark Office, Board of Patent Appeals and Interferences, or any court, or any pending infringement, opposition or cancellation proceeding or any pending material litigation involving any patents or copyrights. There are currently no agreements in effect that significantly limit our rights to use or license the use of any patents or copyrights in any manner material to the franchise. There are no infringing uses actually known to us that could materially affect your use of the patents or copyrights.
We are not obligated to protect you against infringement or unfair competition claims arising out of your use of any patents or copyrights, or to participate in your defense or indemnify you. We reserve the right to control any litigation related to any patents and copyrights and we have the sole right to decide to pursue or settle any infringement actions related to the patents or copyrights. You must notify us promptly of any infringement or unauthorized use of the patents or copyrights of which you become aware.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 33–34)
What This Means (2025 FDD)
According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, there is no pending material litigation involving any patents or copyrights. Bens Soft Pretzels claims copyright ownership and protection for its Franchise Agreement, Manual, website, and various sales promotional materials. However, there are no currently effective determinations of the Copyright Office, United States Patent and Trademark Office, Board of Patent Appeals and Interferences, or any court, or any pending infringement, opposition or cancellation proceeding or any pending material litigation involving any patents or copyrights.
Furthermore, there are no agreements that significantly limit Bens Soft Pretzels' rights to use or license any patents or copyrights in a manner material to the franchise. Bens Soft Pretzels also states that there are no infringing uses actually known to them that could materially affect a franchisee's use of the patents or copyrights.
Bens Soft Pretzels does not obligate itself to protect franchisees against infringement or unfair competition claims arising from the use of any patents or copyrights, nor to participate in their defense or indemnify them. Bens Soft Pretzels retains the right to control any litigation related to patents and copyrights and has the sole right to decide whether to pursue or settle any infringement actions. Franchisees are required to promptly notify Bens Soft Pretzels of any infringement or unauthorized use of the patents or copyrights they become aware of.