What steps will Carbones Pizzeria take to protect my rights to use their principal trademarks?
Carbones_Pizzeria Franchise · 2025 FDDAnswer from 2025 FDD Document
bear all costs and expenses associated with the change or any addition.
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.
ITEM 14. PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION
We do not own rights in, or licenses to, any patents or copyrights that are material to the franchise.
Source: Item 13 — TRADEMARKS (FDD pages 21–22)
What This Means (2025 FDD)
According to Carbones Pizzeria's 2025 Franchise Disclosure Document, Carbones Pizzeria will take reasonable steps to protect a franchisee's rights to use their principal trademarks and protect them against claims of infringement or unfair competition in their use. Carbones Pizzeria will indemnify a franchisee against liability to third parties resulting from claims that the franchisee's use of their principal trademarks infringes upon the rights of third parties, but only if such use is in accordance with the terms of the Franchise Agreement. This includes any requirement imposed by Carbones Pizzeria to modify or discontinue the use of any name or mark and/or use one or more additional or substitute names or marks.
However, there are conditions to this indemnification. The franchisee must provide notice to Carbones Pizzeria of any such claim within 10 days and must tender the defense of the claim to them. If Carbones Pizzeria accepts the tender of the defense, they 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.
It is important to note that Carbones Pizzeria can modify or discontinue the use of any name or mark at any time in their sole discretion and/or require the use of one or more additional or substitute names or marks, and the franchisee must comply. The franchisee will bear all costs and expenses associated with the change or any addition. This could potentially lead to unexpected expenses for the franchisee.