Who controls copyright litigation involving Better Blend's copyrights?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
We have no obligation to protect any of our copyrights or to defend you against claims arising from your use of copyrighted items. The franchise agreement does not require us to take affirmative action when notified of copyright infringement. We control any copyright litigation. We are not required to participate in the defense of a franchisee or indemnify a franchisee for expenses or damages in a proceeding involving a copyright licensed to the franchisee. We may
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 31–32)
What This Means (2024 FDD)
According to the 2024 Better Blend Franchise Disclosure Document, Better Blend retains control over any copyright litigation. The FDD states that Better Blend is not obligated to protect its copyrights or defend franchisees against claims arising from their use of copyrighted items. The franchise agreement does not require Better Blend to take affirmative action when notified of copyright infringement. Instead, Better Blend maintains control over any copyright litigation.
This means that while franchisees are permitted to use Better Blend's copyrighted materials during the franchise term, Better Blend has no obligation to defend the franchisee if they are accused of copyright infringement. Better Blend also has the right to control any litigation related to its copyrights.
Furthermore, Better Blend may require franchisees to modify or discontinue using material covered by their copyrights, and the franchisee will bear the expense of doing so. This could potentially impact a franchisee's business if they are suddenly required to change marketing materials or operational procedures due to a copyright issue.