What is the deadline, in days, to provide notice to Carbones Pizzeria of any trademark infringement claim?
Carbones_Pizzeria Franchise · 2025 FDDAnswer from 2025 FDD Document
We will also take reasonable steps to protect your rights to use our principal trademarks and protect you against claims of infringement or unfair competition in their use. We will indemnify you against liability to third parties resulting from claims by third parties that your use of our principal trademarks infringe upon the rights of third parties but only if such use is in accordance with the terms of the Franchise Agreement (including any requirement imposed by us to modify or discontinue the use of any name or mark and/or use one or more additional or substitute names or marks). As a condition to indemnification, you must provide notice to us of any such claim within 10 days and you must tender the defense of the claim to us. If we accept the tender of the defense, we have the right to manage the defense of the claim, including the right to compromise, settle or otherwise resolve the claim and to determine whether to appeal a final determination of the claims.
Source: Item 13 — TRADEMARKS (FDD pages 21–22)
What This Means (2025 FDD)
According to Carbones Pizzeria's 2025 Franchise Disclosure Document, a franchisee must provide notice to Carbones Pizzeria of any trademark infringement claim within 10 days of receiving the claim. This requirement is a condition for Carbones Pizzeria to indemnify the franchisee against liability to third parties.
This means that if a third party claims that a Carbones Pizzeria franchisee's use of the Carbones Pizzeria trademarks infringes on their trademark rights, the franchisee must notify Carbones Pizzeria within 10 days of receiving the claim to be eligible for indemnification. Indemnification means that Carbones Pizzeria will protect the franchisee from the liability or loss resulting from the third-party claim.
If Carbones Pizzeria accepts the defense of the claim, they have the right to manage the defense, including settling or appealing the claim. This arrangement is fairly typical in franchising, as the franchisor has a vested interest in protecting its trademarks and brand reputation. Failing to provide timely notice could result in the franchisee losing the right to be indemnified by Carbones Pizzeria, potentially leaving the franchisee responsible for legal costs and damages.