Does Bens Soft Pretzels have the right to determine whether any action will be taken in trademark litigation?
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 Bens Soft Pretzels' 2025 Franchise Disclosure Document, Bens Soft Pretzels retains control over trademark litigation. Specifically, if there is an improper use or infringement of the trademarks, or a challenge to the use or ownership of the trademarks, Bens Soft Pretzels has the right to decide whether to initiate, prosecute, or settle any lawsuit. They also determine the terms of any settlement and whether any other action will be taken.
This means that as a franchisee, you cannot independently pursue legal action to protect the Bens Soft Pretzels trademarks. Instead, you must promptly notify Bens Soft Pretzels of any potential infringement or challenges. You are also required to assist Bens Soft Pretzels with any action they choose to undertake, without compensation.
Bens Soft Pretzels will be responsible for their own fees and expenses related to any legal action, unless the challenge or claim arises from your misuse of the trademarks in violation of the franchise agreement. In that case, you would be responsible for reimbursing Bens Soft Pretzels for their fees and expenses. This clause ensures that Bens Soft Pretzels maintains brand control and consistency, while also protecting their trademarks from misuse by franchisees.