Is Browns Chicken required by the Franchise Agreement to defend a franchisee against any infringement claim regarding the use of a Mark?
Browns_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
rom directly or indirectly using any Mark in any manner or for any purpose.
Indemnification.
While Brown is not required by the Franchise Agreement to defend you against any infringement, unfair competition or other claim respecting your use of any Mark, Brown is obligated to indemnify you against and to reimburse you for all damages for which you are held liable in any proceeding arising out of your use of any Mark, in compliance with the Franchise Agreement and for all costs reasonably incurred by you in the defense of any such claim or in any such proceeding in which you are named as a party, provided that you have notified Brown of any such claim or proceeding in compliance with the Franchise Agreement, as described above.
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Item 14
PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION
Brown does not own any patents or copyrights which are material to the Franchise.
Source: Item 13 — TRADEMARKS (FDD pages 33–34)
What This Means (2025 FDD)
According to Browns Chicken's 2025 Franchise Disclosure Document, Browns Chicken is not required by the Franchise Agreement to defend a franchisee against any infringement, unfair competition, or other claim respecting the franchisee's use of any Mark. However, Browns Chicken is obligated to indemnify the franchisee against and to reimburse them for all damages for which they are held liable in any proceeding arising out of their use of any Mark, provided that the franchisee is in compliance with the Franchise Agreement.
This indemnification extends to all costs reasonably incurred by the franchisee in the defense of any such claim or in any such proceeding in which they are named as a party. However, this obligation is contingent upon the franchisee notifying Browns Chicken of any such claim or proceeding in compliance with the Franchise Agreement.
In the event of any apparent infringement of or challenge to your use of any Mark or claim by any person of any rights in any Mark, you must immediately notify Browns Chicken. Browns Chicken will have sole discretion to take such action as it deems appropriate and the right to control exclusively any litigation or proceeding arising out of any such infringement or claim or otherwise relating to any Mark.