With whom is a Checkers franchisee prohibited from communicating regarding an infringement of a Mark, other than Checkers and its counsel?
Checkers Franchise · 2025 FDDAnswer from 2025 FDD Document
- 5.04 Notification of Infringements and Claims.
You must notify us immediately of any apparent infringement of or challenge to your use of any Mark, or any claim by another person of any rights in any Mark.
You may not communicate with any person, other than us and our counsel (or other advisor as we may designate), in connection with any such infringement, challenge or claim.
We will have sole discretion to take such action as we deem appropriate and will have the right to control exclusively any litigation or U.S.
Patent and Trademark Office proceeding arising out of any such infringement, challenge or claim or otherwise relating to any Mark.
You must sign any and all documents, render such assistance and do such things as may be advisable in the opinion of us or our counsel to protect our interests in any litigation or U.S.
Patent and Trademark Office or other administrative proceeding or otherwise to protect our interests in the Marks.
Source: Item 22 — CONTRACTS (FDD pages 91–92)
What This Means (2025 FDD)
According to the 2025 Checkers Franchise Disclosure Document, a franchisee is prohibited from communicating with any person regarding an infringement, challenge, or claim to a Mark, except for Checkers itself and its legal counsel or other advisors designated by Checkers. This restriction ensures that Checkers maintains exclusive control over the handling of any legal matters pertaining to its trademarks and brand identity.
This provision is in place to protect the integrity and value of the Checkers brand. By centralizing communication and legal strategy with the franchisor, Checkers aims to present a unified and consistent approach to defending its intellectual property rights. This prevents franchisees from taking actions that could potentially harm the brand's legal position or public image through uncoordinated or misinformed communications.
For a prospective Checkers franchisee, this means that if they become aware of any potential infringement or challenge to the Checkers trademarks, they must immediately notify Checkers. They cannot independently contact any third parties about the issue. The franchisee must also cooperate with Checkers and its counsel by providing necessary documentation and assistance to protect the brand's interests. Failure to comply with these requirements could potentially lead to breaches of the franchise agreement.