Who controls litigation arising from infringement of Best Western Identifying Marks?
Best_Western Franchise · 2025 FDDAnswer from 2025 FDD Document
You must notify us immediately of any apparent infringement or challenge to your use of any Best Western Identifying Marks, or of any person's claim of any rights in any Best Western Identifying Marks, and you may not communicate with any person other than us, our attorneys, and your attorneys, regarding any infringement, challenge, or claim. We may take the action we deem appropriate (including no action) and control exclusively any litigation, USPTO proceeding, or other administrative proceeding arising from any infringement, challenge, or claim. You must assist us in protecting and maintaining our interests in any litigation or USPTO proceeding or other administrative proceeding. We will reimburse you for expenses incurred by you as the direct result of activities undertaken by you at our prior written request and specifically relating to the trademark dispute at issue. We will not reimburse you for any other expenses incurred by you for cooperating with us or our affiliates. You must timely notify us and comply with our directions in response to a trademark infringement proceeding that disputes your authorized use of the Best Western Identifying Marks and we may, at our option, defend and/or control the defense of any proceeding arising from your use of any Best Western Identifying Marks.
Source: Item 13 — Trademarks (FDD pages 84–86)
What This Means (2025 FDD)
According to Best Western's 2025 Franchise Disclosure Document, Best Western maintains exclusive control over any litigation, USPTO (United States Patent and Trademark Office) proceeding, or other administrative proceeding that arises from infringement, challenge, or claim regarding its identifying marks. This means that Best Western, not the franchisee, decides how to handle legal matters related to the brand's trademarks.
As a Best Western franchisee, you are required to immediately notify Best Western of any apparent infringement or challenge to your use of the Best Western Identifying Marks, or any claim of rights in those marks. You are restricted from communicating with anyone other than Best Western, their attorneys, and your own attorneys regarding such matters. Best Western has the sole discretion to take any action it deems appropriate, including choosing not to take any action at all.
While Best Western controls the litigation, franchisees are obligated to assist in protecting and maintaining Best Western's interests in any litigation, USPTO proceeding, or other administrative proceeding. Best Western will reimburse franchisees for expenses incurred as a direct result of activities undertaken at Best Western's prior written request and specifically related to the trademark dispute. However, franchisees are responsible for all other expenses incurred while cooperating with Best Western or its affiliates.
Furthermore, if a trademark infringement proceeding arises that disputes a franchisee's authorized use of Best Western Identifying Marks, the franchisee must promptly notify Best Western and comply with their directions. Best Western has the option to defend and/or control the defense of any proceeding arising from the franchisee's use of the Best Western Identifying Marks. This arrangement is typical in franchising, as it allows the franchisor to protect the brand's trademarks consistently across all franchise locations.