Is a Browns Chicken franchisee allowed to communicate with anyone other than Browns Chicken and its counsel regarding an infringement of a Mark?
Browns_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall immediately notify Brown of any apparent infringement of or challenge to Franchisee's use of any Mark or claim by any person of any rights in any Mark, and Franchisee shall not communicate with any person other than Brown and its counsel in connection with any such infringement, challenge or claim. Brown shall have sole discretion to take such action as it deems appropriate and the right to control exclusively any litigation or Patent and Trademark Office or other administrative proceeding arising out of any such infringement, challenge or claim, or otherwise relating to any Mark.
Franchisee agrees to execute any and all instruments and documents, render such assistance and do such acts and things as may, in the opinion of Brown's counsel, be necessary or advisable to protect and maintain the interests of Brown in any litigation or Patent and Trademark Office or other proceeding or to otherwise protect and maintain the interests of Brown in the Marks.
Source: Item 22 — Contracts (FDD page 43)
What This Means (2025 FDD)
According to the 2025 Browns Chicken Franchise Disclosure Document, a franchisee is explicitly restricted in who they can communicate with regarding any potential infringement of Browns Chicken's trademarks. Specifically, if a franchisee becomes aware of any apparent infringement, challenge, or claim related to the use of any Mark, they are obligated to immediately notify Browns Chicken.
Furthermore, the franchisee is prohibited from communicating with any party other than Browns Chicken and its legal counsel regarding such matters. This restriction ensures that Browns Chicken maintains complete control over the response to any trademark issues, protecting the brand's integrity and legal position.
Browns Chicken retains sole discretion to take any action it deems necessary, including controlling any litigation or administrative proceedings related to the infringement, challenge, or claim. The franchisee is required to assist Browns Chicken by executing documents and providing assistance as needed to protect Browns Chicken's interests in the Marks.