If a Best Western franchisee brings a copyright matter to Best Western's attention, who controls the action?
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 14 — Patents, Copyrights, and Proprietary Information (FDD pages 86–87)
What This Means (2025 FDD)
According to Best Western's 2025 Franchise Disclosure Document, Best Western maintains control over any litigation, USPTO proceeding, or other administrative proceeding arising from any infringement, challenge, or claim related to the Best Western Identifying Marks. As a 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 the marks.
The FDD specifies that franchisees may not communicate with any party other than Best Western, their attorneys, and the franchisee's attorneys regarding any infringement, challenge, or claim. Best Western has the authority to take any action it deems appropriate, including no action at all. Franchisees are obligated to assist Best Western in protecting and maintaining its interests in any related litigation or 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, Best Western will not cover any other expenses incurred by franchisees for cooperating with Best Western or its affiliates. Franchisees must also comply with Best Western's directions in response to a trademark infringement proceeding that disputes their authorized use of the Best Western Identifying Marks, and Best Western may, at its option, defend and/or control the defense of any proceeding arising from the use of any Best Western Identifying Marks.