Who controls litigation relating to IP Disputes for Best In Class Education Center?
Best_In_Class_Education_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
You must immediately notify us of any IP Dispute.
You may not communicate with any Person other than us and our counsel in connection with the IP Dispute.
We have sole discretion in deciding what action, if any, to take in response to an IP Dispute.
We exclusively control all litigation and other proceedings relating to IP Disputes.
You must execute all documents, render all assistance, and perform all acts that our counsel deems necessary or advisable to protect or maintain our interest in the proceeding and/or protect the Intellectual Property.
Source: Item 23 — RECEIPT (FDD pages 47–204)
What This Means (2025 FDD)
According to the 2025 Best In Class Education Center Franchise Disclosure Document, Best In Class Education Center exclusively controls all litigation and other proceedings relating to IP disputes. This means that if any intellectual property disputes arise, the franchisor, Best In Class Education Center, has the sole authority to decide on the course of action, including whether or not to pursue litigation.
As a franchisee, you are required to immediately notify Best In Class Education Center of any IP Dispute and are prohibited from communicating with anyone other than Best In Class Education Center and their counsel regarding the dispute. Furthermore, you must execute all documents, provide assistance, and perform any actions deemed necessary by their counsel to protect Best In Class Education Center's intellectual property interests.
This arrangement is typical in franchising, as franchisors need to protect their brand's intellectual property. However, it also means that franchisees have no direct control over how these disputes are handled, even if the dispute directly impacts their business. Franchisees must rely on Best In Class Education Center to act in the best interest of the entire franchise system.