Does Bens Soft Pretzels have the right to control litigation related to the Marks?
Bens_Soft_Pretzels Franchise · 2025 FDDAnswer from 2025 FDD Document
We are not obligated to protect you against infringement or unfair competition claims arising out of your use of the Marks, or to participate in your defense or indemnify you. We reserve the right to control any litigation (including any administrative proceedings) related to the Marks and we have the sole right to decide whether to pursue, settle or take any other action with respect to any infringement actions related to the Marks. You must notify us promptly of any infringement or unauthorized use of the Marks of which you become aware. If we determine that a trademark infringement action requires changes or substitutions to the Marks, you must make the changes or substitutions at your own expense.
Source: Item 13 — TRADEMARKS (FDD pages 32–33)
What This Means (2025 FDD)
According to Bens Soft Pretzels's 2025 Franchise Disclosure Document, Bens Soft Pretzels retains the right to control any litigation related to their trademarks (the "Marks"). This includes administrative proceedings. Bens Soft Pretzels also has the sole right to decide whether to pursue, settle, or take any other action regarding infringement actions related to the Marks.
This means that as a franchisee, you cannot independently pursue legal action to protect the Bens Soft Pretzels trademarks, even if you believe they are being infringed upon. Bens Soft Pretzels maintains complete control over such matters. However, you are obligated to promptly notify Bens Soft Pretzels of any infringement or unauthorized use of the Marks that you become aware of.
Furthermore, if Bens Soft Pretzels determines that a trademark infringement action necessitates changes or substitutions to the Marks, you are responsible for making these changes at your own expense. This could involve updating signage, marketing materials, and other branded items. This clause highlights the importance of Bens Soft Pretzels's control over its brand and the potential costs franchisees may incur to comply with changes resulting from trademark litigation.