Is Beverly Anns Cookie involved in any pending interference, opposition, cancellation proceedings, or litigation involving its patents?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
There are no determinations in effect that significantly limit our rights to use or license others to use the patents in any manner material to the franchise by the USPTO, the Patent Trial And Appeal Board, or the patent administrator of any state or any court, nor any pending interference, opposition or cancellation proceeding or litigation involving the patent.
We will defend you against any claim brought against you by a third party that your use of our patent in accordance with the Franchise Agreement that infringes upon that party's intellectual property rights. We may require your assistance, but you are not permitted to control any proceeding or litigation relating to our patent. We have no obligation to pursue any infringing users of our patent. If we learn of an infringing user, we may take any action appropriate we deem appropriate, but we are not required to take any action if we do not feel it is warranted. You must notify us within three days if you learn that any unauthorized party is using the patent. We have the sole discretion to take such action as we deem appropriate to exclusively control any litigation or administrative proceeding involving the patents. We are not required to participate in your defense nor are we required to indemnify you for expenses or damages in a proceeding involving a patent, patent application, or copyright licensed to you.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 47–48)
What This Means (2025 FDD)
According to Beverly Anns Cookie's 2025 Franchise Disclosure Document, there are no pending interference, opposition, or cancellation proceedings, or litigation involving its patents. The FDD states that there are no determinations in effect that significantly limit Beverly Anns Cookie's rights to use or license its patents. This means that, as of the FDD's publication, Beverly Anns Cookie is not currently involved in any legal disputes or challenges regarding its patent rights that would materially affect the franchise.
This is a positive indicator for prospective franchisees because it suggests that Beverly Anns Cookie's patents are secure and not subject to any immediate legal threats. Franchisees can generally rely on the franchisor's intellectual property without concern that their use of the patents will be disrupted by legal action.
However, the FDD also states that Beverly Anns Cookie is not required to participate in a franchisee's defense nor are they required to indemnify a franchisee for expenses or damages in a proceeding involving a patent, patent application, or copyright licensed to them. It is important to note that while Beverly Anns Cookie will defend franchisees against third-party claims of patent infringement related to the franchisee's use of Beverly Anns Cookie's patent, the franchisee may be required to assist in the defense and is not permitted to control any proceeding or litigation relating to the patent.