Does the Better Blend franchise agreement require them to take affirmative action when notified of copyright infringement?
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 is not obligated to take affirmative action when notified of copyright infringement. While franchisees can use Better Blend's copyrighted materials during the franchise term, consistent with Better Blend's ownership rights, Better Blend has no obligation to protect its copyrights or defend franchisees against claims arising from their use of copyrighted items.
Specifically, Better Blend retains control over any copyright litigation. Better Blend is also 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.
However, Better Blend may require a franchisee to modify or discontinue using the subject matter covered by any of its copyrights, and the franchisee would bear the expense of doing so. This could involve changing marketing materials, recipes, or operational procedures to avoid infringement, potentially impacting the franchisee's business operations and profitability.