Who has the right to control litigation arising out of infringement of Checkersrallys' Marks?
Checkersrallys Franchise · 2025 FDDAnswer from 2025 FDD Document
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 Checkersrallys's 2025 Franchise Disclosure Document, Checkersrallys has sole discretion to take action regarding infringements of their marks. If there is any infringement, challenge, or claim against the use of any Checkersrallys mark, Checkersrallys has the exclusive right to control any litigation or U.S. Patent and Trademark Office proceeding.
This means that as a Checkersrallys franchisee, you are required to notify Checkersrallys immediately of any potential infringement or challenges to the use of their marks. You are not allowed to communicate with anyone other than Checkersrallys and their counsel regarding such matters. Checkersrallys retains the authority to decide on the appropriate course of action and will manage any legal proceedings related to the marks.
Furthermore, the franchisee is obligated to assist Checkersrallys by signing documents and providing necessary assistance to protect Checkersrallys' interests in any litigation or administrative proceedings. This ensures that Checkersrallys maintains control over its brand and intellectual property, while the franchisee is responsible for reporting any potential issues and supporting Checkersrallys' efforts to protect its marks.