Who has the right to control litigation relating to any Mark for Browns Chicken?
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, Browns Chicken retains sole discretion and the right to exclusively control any litigation relating to its Marks. Specifically, if there is an apparent infringement or challenge to the franchisee's use of any Mark, or any claim by any person of rights in any Mark, the franchisee must immediately notify Browns Chicken. The franchisee is prohibited from communicating with anyone other than Browns Chicken and its counsel regarding the infringement, challenge, or claim.
This means that Browns Chicken, not the franchisee, will decide how to respond to any legal challenges or infringements related to the Browns Chicken trademarks. This is a common practice in franchising, as the franchisor has a vested interest in protecting its brand and ensuring consistent brand standards across all franchise locations. The franchisee is obligated to assist Browns Chicken in protecting its interests in any litigation or proceedings.
This arrangement protects the Browns Chicken brand by centralizing control over trademark-related legal matters. It ensures a consistent and strategic approach to protecting the brand's intellectual property. However, it also means that franchisees have limited autonomy in defending their use of the Marks, even if they believe they have a valid defense. Franchisees must rely on Browns Chicken to act in their best interests, which may not always align perfectly with the franchisee's perspective.