Who has the exclusive right to control the prosecution or defense of any action related to possible infringement of or by the Better Blend marks?

According to Better Blend's 2024 Franchise Disclosure Document, Better Blend Franchising, LLC ('BBF') maintains the exclusive right to control any legal action, whether prosecution or defense, pertaining to potential infringement related to their trademarks. This means that Better Blend, not the franchisee, has the sole authority to decide how to handle any legal matters concerning the brand's trademarks.

For a prospective franchisee, this clause signifies that they cannot independently pursue legal action against third parties infringing on the Better Blend marks, nor can they independently defend against claims of infringement. Franchisees are obligated to promptly inform Better Blend of any potential infringement they become aware of, but the decision to take legal action rests solely with Better Blend.

This arrangement is typical in franchising, as it allows the franchisor to maintain brand consistency and control over its intellectual property. It ensures that all legal strategies align with the overall brand strategy and that the brand's image is protected uniformly. While franchisees benefit from the franchisor's defense against infringement claims when they use the marks correctly, they relinquish control over these legal processes to Better Blend.