Who controls copyright litigation related to the Bombs Away franchise?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
12.3 Infringement.
- (a) Defense of Franchisee. If Franchisee has used the Marks in accordance with this Agreement, then (i) Bombs Away Franchising shall defend Franchisee (at Bombs Away Franchising's expense) against any Action by a third-party alleging infringement by Franchisee's use of a Mark, and (ii) Bombs Away Franchising will indemnify Franchisee for expenses and damages if the Action is resolved unfavorably to Franchisee.
- (b) Infringement by Third Party. Franchisee shall promptly notify Bombs Away Franchising if Franchisee becomes aware of any possible infringement of a Mark by a third party. Bombs Away Franchising may, in its sole discretion, commence or join any claim against the infringing party.
- (c) Control. Bombs Away Franchising shall have the exclusive right to control any prosecution or defense of any Action related to possible infringement of or by the Marks.
Source: Item 14 — Patents, Copyrights, and Proprietary Information (FDD pages 25–26)
What This Means (2024 FDD)
According to Bombs Away's 2024 Franchise Disclosure Document, Bombs Away Franchising maintains exclusive control over any legal actions related to potential copyright or trademark infringements. Specifically, this control extends to both the prosecution and defense of any action concerning infringement of the Marks.
This means that if a third party infringes on Bombs Away's trademarks or if a franchisee is accused of infringing on another party's trademarks, Bombs Away has the sole authority to decide how to proceed with the legal action. The franchisee is required to promptly inform Bombs Away of any potential infringement.
This arrangement protects the brand's intellectual property and ensures consistent legal strategies across all franchise locations. It also relieves the franchisee of the burden and expense of managing complex legal battles related to trademark or copyright issues, provided the franchisee has used the Marks in accordance with the franchise agreement.