Is Best Western required to protect or defend its copyrights?
Best_Western Franchise · 2025 FDDAnswer from 2025 FDD Document
o use the "@Home by Best Western" trademark is challenged, you may have to change to an alternative trademark, which may increase your expenses.
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.
We may change any of the Best Western Identifying Marks, or the way in which any of them are depicted, at any time at our sole option and at your expense.
ITEM 14
PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION
No patents or pending patent applications are material to the Property.
Source: Item 14 — Patents, Copyrights, and Proprietary Information (FDD pages 86–87)
What This Means (2025 FDD)
According to the 2025 Best Western FDD, Best Western is generally responsible for taking action against infringements or challenges to the use of its identifying marks. Specifically, Best Western retains the right to decide what action to take regarding any infringement, challenge, or claim related to its trademarks, including taking no action at all. Best Western also controls any related litigation or proceedings. Franchisees are required to notify Best Western immediately of any potential infringement or challenges to the use of Best Western's identifying marks. Franchisees are not allowed to communicate with anyone other than Best Western, its attorneys, and their own attorneys regarding any infringement, challenge, or claim. Franchisees must assist Best Western in protecting and maintaining its interests in any litigation or proceeding. Best Western will reimburse franchisees for expenses incurred at Best Western's prior written request and specifically related to the trademark dispute. However, Best Western will not reimburse franchisees for any other expenses incurred for cooperating with Best Western or its affiliates.
However, there is an exception for franchisees operating in Minnesota. To the extent required by Minnesota law, Best Western will protect the franchisee's right to use the Best Western Identifying Marks and indemnify them from any loss, costs, or expenses arising out of any claim, suit, or demand regarding the use of the Best Western Identifying Marks.
In general, franchisees benefit from Best Western's obligation to protect its trademarks, as it helps maintain the brand's integrity and reputation. However, franchisees also bear the responsibility of assisting Best Western in these efforts and must adhere to Best Western's directions in any trademark infringement proceeding. The Minnesota exception provides additional protection for franchisees in that state, ensuring that Best Western will actively defend their right to use the trademarks and provide indemnification for related losses.