What protection does Minnesota law provide to Chesters franchisees regarding the use of trademarks?
Chesters Franchise · 2025 FDDAnswer from 2025 FDD Document
tain specified cases) that a franchisee be given 90 days' notice of termination (with 60 days to cure) and 180 days' notice for non-renewal of the franchise agreement and that consent to the transfer of the franchise will not be unreasonably withheld.
Minnesota considers it unfair to not protect the franchisee's right to use the trademarks. Refer to Minnesota Statute 80C.12 Subd. 1(G). The franchiser will protect the franchisee's rights to use the trademarks, service marks, trade names, logotypes, or other commercial symbols or indemnify the franchisee from any loss, costs, or expenses arising out of any claim, suit, or demand regarding the use of the name.
Source: Item 23 — **RECEIPTS (FDD pages 48–197)
What This Means (2025 FDD)
According to Chesters's 2025 Franchise Disclosure Document, Minnesota law provides specific protections for franchisees regarding the use of trademarks. Minnesota Statute 80C.12 Subd. 1(G) considers it unfair for a franchisor not to protect a franchisee's right to use trademarks. Chesters is required to protect the franchisee's rights to use trademarks, service marks, trade names, logotypes, or other commercial symbols. Additionally, Chesters must indemnify the franchisee from any losses, costs, or expenses arising from claims, suits, or demands related to the use of the Chesters name.
This means that if a Chesters franchisee in Minnesota faces legal challenges or incurs costs due to their authorized use of Chesters's trademarks, Chesters is obligated to provide financial protection and legal support. This indemnification helps to shield franchisees from potential financial burdens resulting from trademark-related disputes.
Furthermore, the Minnesota addendum to the franchise agreement includes a clause stating that Chesters agrees to protect the franchisee against claims of infringement or unfair competition regarding the use of the marks, to the extent required by the Minnesota Franchise Act, when Chesters's counsel believes the franchisee's rights warrant protection. This clause reinforces Chesters's commitment to safeguarding the franchisee's trademark usage rights within the bounds of Minnesota law. This protection is conditional based on the opinion of Chesters's legal counsel.