What is the franchisee's obligation regarding notifying Browns Chicken of any apparent 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 Browns Chicken's 2025 Franchise Disclosure Document, franchisees have a responsibility to immediately inform Browns Chicken of any potential infringement or challenges to their use of any Mark, or any claims by others regarding rights to any Mark. The franchisee is not allowed to communicate with anyone other than Browns Chicken and its counsel regarding any infringement, challenge, or claim. Browns Chicken retains the sole discretion to take any action it deems necessary and has the exclusive right to control any litigation, Patent and Trademark Office, or other administrative proceedings related to such matters.
Furthermore, the Browns Chicken franchisee must execute any documents, provide assistance, and perform any actions that Browns Chicken's counsel deems necessary to protect Browns Chicken's interests in any litigation, Patent and Trademark Office, or other proceedings, or to otherwise protect and maintain Browns Chicken's interests in the Marks.
This obligation ensures that Browns Chicken maintains control over its brand and trademarks, which is a common practice in franchising. By centralizing the response to infringements, Browns Chicken can ensure a consistent and strategic approach to protecting its intellectual property. The franchisee's role is primarily to act as an early warning system, promptly reporting any potential issues to Browns Chicken for further action.