Is a Burger King franchisee required to be named as a party in an action if requested by Burger King?
Burger_King Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee agrees to cooperate in the prosecution of any action to prevent the infringement, imitation, illegal use or misuse of the BURGER KING Marks and agrees to be named as a party in any such action if so requested by BKC. BKC agrees to bear the legal expenses incident to Franchisee's participation in such action, except for fees, expenses and other costs of Franchisee's personal legal counsel if Franchisee elects to be represented by counsel of its own choosing.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 77–78)
What This Means (2025 FDD)
According to Burger King's 2025 Franchise Disclosure Document, a franchisee is required to cooperate in any legal action to protect Burger King's trademarks. Specifically, the franchisee must agree to be named as a party in any legal action if Burger King requests it. This obligation exists for the duration of the franchise agreement.
Burger King will cover the legal expenses associated with the franchisee's participation in such legal action. However, this coverage does not extend to the fees, expenses, and other costs of the franchisee's personal legal counsel if the franchisee chooses to be represented by their own attorney. In that case, the franchisee is responsible for their own legal representation costs.
This requirement ensures that Burger King can fully protect its brand and trademarks, which are critical assets for the franchise system. By requiring franchisees to participate in legal actions when necessary, Burger King aims to present a united front against infringement, imitation, or misuse of its trademarks. Franchisees should be aware of this obligation and factor in the potential need to participate in legal proceedings when evaluating the franchise opportunity.