Who has the right to control litigation relating to the Big Apple Bagels Marks?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
- C. Developer shall immediately notify Franchisor in writing of any apparent infringement of or challenge to Developer's use of any Mark, or claim by any person of any rights in any Mark or similar trade name, trademark, or service mark of which Developer becomes aware. Developer shall not communicate with any person other than Franchisor and its counsel in connection with any such infringement challenge or claim. Franchisor shall have sole discretion to take such action as it deems appropriate and the right to exclusively control any litigation, U.S. Patent and Trademark Office proceeding or other administrative proceeding arising out of any such infringement, challenge, or claim or otherwise relating to any Mark.
Source: Item 23 — RECEIPTS (FDD pages 87–319)
What This Means (2025 FDD)
According to the 2025 Big Apple Bagels FDD, Big Apple Bagels retains sole discretion over any litigation relating to its Marks. As a franchisee, you must notify Big Apple Bagels immediately if you become aware of any infringement or challenges to the use of the Marks.
Specifically, the FDD states that the franchisee cannot communicate with anyone other than Big Apple Bagels and its counsel regarding any infringement, challenge, or claim. This means a franchisee must promptly report any potential issues to Big Apple Bagels and then allow them to handle the situation.
Big Apple Bagels has the exclusive right to control any litigation, U.S. Patent and Trademark Office proceeding, or other administrative proceeding arising out of any infringement, challenge, or claim relating to any Mark. This protects the brand by ensuring that all legal matters are handled consistently and strategically by the franchisor.