Is Best Western obligated to protect or defend its copyrights?
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 retains the right to take action, including no action, and exclusively controls any litigation, USPTO proceeding, or other administrative proceeding arising from any infringement, challenge, or claim related to its identifying marks. The franchisee is obligated to immediately notify Best Western of any apparent infringement or challenge to the use of Best Western Identifying Marks.
Best Western may, at its option, defend and/or control the defense of any proceeding arising from the franchisee's use of any Best Western Identifying Marks. The franchisee must assist Best Western in protecting and maintaining its interests in any litigation or USPTO proceeding or other administrative proceeding.
The franchisee will be reimbursed for expenses incurred as a direct result of activities undertaken at Best Western's prior written request and specifically relating to the trademark dispute at issue. However, Best Western will not reimburse any other expenses incurred by the franchisee for cooperating with Best Western or its affiliates. This indicates that while Best Western takes the lead in protecting its trademarks, the franchisee has a role in assisting and may receive reimbursement for specific, pre-approved activities.