Under the Checkers Franchise Agreement, what must a franchisee do if they become aware of a potential infringement or challenge to the use of any Checkers Mark?
Checkers Franchise · 2025 FDDAnswer from 2025 FDD Document
You must immediately notify us of any apparent infringement of or challenge to your use of any Mark, or claim by any person of any rights to any Mark and you must not communicate with any person other than us and our counsel in connection with any infringement, challenge or claim. We will have sole discretion to take any action we deem appropriate and will have the right to control exclusively any litigation or PTO or other administrative proceeding arising out of any infringement, challenge or claim or otherwise relating to any Mark. You must execute any and all instruments and documents, provide assistance and do such acts and things as, in the opinion of our counsel, may be necessary or advisable to protect our interests in any litigation or PTO or other administrative proceeding or otherwise to protect our interests in the Marks.
We will indemnify you against, and reimburse you for, all damages for which you are held liable in any proceeding arising out of your authorized use of any Mark under the
Source: Item 13 — TRADEMARKS (FDD pages 61–63)
What This Means (2025 FDD)
According to Checkers's 2025 Franchise Disclosure Document, if a franchisee becomes aware of any potential infringement or challenge to the use of any Checkers Mark, they must immediately notify Checkers. The franchisee is prohibited from communicating with any party other than Checkers and its counsel regarding the infringement, challenge, or claim.
Checkers retains sole discretion to take any action it deems appropriate regarding the infringement, challenge, or claim. Checkers also has the right to exclusively control any litigation or PTO (Patent and Trademark Office) or other administrative proceeding arising out of any infringement, challenge, or claim relating to any Checkers Mark.
The franchisee is obligated to execute all necessary instruments and documents, provide assistance, and perform any actions deemed necessary or advisable by Checkers's counsel to protect Checkers's interests in any litigation, PTO, or other administrative proceeding, or to otherwise protect Checkers's interests in the Marks.
Checkers will indemnify the franchisee against, and reimburse them for, all damages for which they are held liable in any proceeding arising out of their authorized use of any Mark under the Franchise Agreement. This is a fairly standard clause in franchise agreements, as franchisors typically want to maintain control over their brand's trademarks and legal proceedings related to them.