Who has the right to control litigation related to copyright infringement for Carbones Pizzeria?
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, if there is copyright infringement litigation, Carbones Pizzeria retains the right to control it. However, the franchisee must immediately notify Carbones Pizzeria of any infringement claim as a condition for Carbones Pizzeria considering what action, if any, to take.
This means that while Carbones Pizzeria has the right to manage any legal proceedings related to copyright issues, the franchisee is responsible for promptly informing them of any potential infringements. Carbones Pizzeria is not obligated to protect their recipes or proprietary information, nor are they obligated to defend or indemnify the franchisee for the use of these items.
Furthermore, Carbones Pizzeria can require the franchisee to modify or discontinue the use of any recipes or other items in which they claim copyright protection. The franchisee will be responsible for all costs incurred due to any modifications, substitutions, or discontinuations. This highlights the importance of adhering to Carbones Pizzeria's standards and guidelines to minimize the risk of copyright-related issues and associated costs.