Does Carbones Pizzeria have an obligation to defend a franchisee's right to use copyrighted materials?
Carbones_Pizzeria Franchise · 2025 FDDAnswer from 2025 FDD Document
We do not know of any patent or copyright infringement that could materially affect your use of any items in which we claim copyright protection. We have no obligation to protect our recipes or proprietary information or to defend your right to use these materials nor do we have any obligation to defend or indemnify you for your use of these items. However, as a condition to considering what action, if any, to take, you must notify us immediately of an infringement claim. If there is litigation we will have the right to control it. We can also require you to modify or discontinue your use of any recipes or other items in which we claim copyright protection. You will be responsible for all costs you incur based on any modifications, substitutions or discontinuations.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 22–23)
What This Means (2025 FDD)
According to the 2025 Carbones Pizzeria Franchise Disclosure Document, Carbones Pizzeria has no obligation to protect its recipes or proprietary information, nor to defend a franchisee's right to use these materials. Additionally, Carbones Pizzeria has no obligation to defend or indemnify a franchisee for their use of these items. However, the franchisee must notify Carbones Pizzeria immediately of any infringement claim as a condition for Carbones Pizzeria to consider taking action. If there is litigation, Carbones Pizzeria retains the right to control it.
Carbones Pizzeria can also require a franchisee to modify or discontinue their use of any recipes or other items in which Carbones Pizzeria claims copyright protection. The franchisee will be responsible for all costs incurred due to any modifications, substitutions, or discontinuations.
This is a significant risk for prospective franchisees. If Carbones Pizzeria's recipes or other copyrighted materials are challenged, the franchisee could be forced to stop using them and bear all associated costs. It is important for potential franchisees to understand this lack of protection and consider the potential financial implications before investing in a Carbones Pizzeria franchise.