Does Burger King have any pending infringement proceedings involving its manuals?
Burger_King Franchise · 2025 FDDAnswer from 2025 FDD Document
There are currently no effective determinations of the USPTO, or any court, or any pending infringement, opposition or cancellation proceedings, or any material litigation involving any of our manuals and other materials which is relevant to their use in the state in which your business will be located. There are no currently effective agreements that significantly limit our rights to license the use of its manuals or materials that is in any way material to your business. There are no infringing uses known to us that could materially affect your use of these items in any state.
We have the right, but not the obligation, under the terms of the Franchise Agreement, to protect your right to use our manuals and other materials. Similarly, we have the right, but not the obligation, to protect you against claims of infringement or unfair competition arising out of your use of these items. You agree to cooperate in the prosecution of any action to prevent the infringement, imitation, illegal use or misuse of our manuals and other materials. You also agree to be named as a party in any action if requested by us. While we are not required to defend you from a claim against your use of these items, we will pay the costs of such defense (provided we are made aware of the claim on a timely basis and provided you take any action we may require regarding your use of these items), except those you independently elect to incur through counsel of your own choosing. We will control the defense.
Upon termination or expiration of your Franchise Agreement, you must immediately return to us all copies of your manuals and all other materials containing trade secrets, whether in print or electronic form.
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, there are no pending infringement proceedings involving its manuals and other materials relevant to their use in the state where the franchisee's business will be located. Additionally, there are no effective agreements that significantly limit Burger King's rights to license the use of its manuals or materials in a way that is material to the franchisee's business. Burger King is also unaware of any infringing uses that could materially affect the franchisee's use of these items in any state.
Burger King has the right, but not the obligation, to protect a franchisee's right to use its manuals and other materials under the terms of the Franchise Agreement. Similarly, Burger King has the right, but not the obligation, to protect franchisees against claims of infringement or unfair competition arising out of their use of these items. Franchisees are required to cooperate in any action to prevent the infringement, imitation, illegal use, or misuse of Burger King's manuals and other materials and agree to be named as a party in any action if requested by Burger King.
While Burger King is not required to defend a franchisee from a claim against their use of these items, it will pay the costs of such defense if it is made aware of the claim on a timely basis and if the franchisee takes any action Burger King may require regarding the use of these items. However, Burger King will not cover costs independently incurred by the franchisee through counsel of their own choosing, and Burger King will control the defense. Upon termination or expiration of the Franchise Agreement, franchisees must immediately return all copies of the manuals and all other materials containing trade secrets, whether in print or electronic form.