Who has the sole right to protect and defend the Marks associated with Chick Fil A in Minnesota?
Chick_Fil_A Franchise · 2025 FDDAnswer from 2025 FDD Document
- The fifth paragraph under Item 13 shall be deleted in its entirety, and the following language shall be added in lieu thereof:
CFA Properties and Chick-fil-A have the sole and exclusive right to protect any or all of the trademarks listed above at their own expense. You must notify Chick-fil-A immediately when you learn about possible infringement of CFA Properties' trademarks. The Franchise Agreement does not require CFA Properties or Chick-fil-A to take affirmative action when notified of these possible infringements. You must cooperate with CFA Properties and us in defending CFA Properties' trademarks. We will defend you against third-party claims, suits or demands arising out of your use of the trademarks. If we, in our sole business judgment, determine that you used the trademarks in accordance with the Franchise Agreement, then we will bear the cost of your defense, including the cost of any judgment or settlement. If we, in our sole business judgment, determine that you have not used the trademarks in accordance with the Franchise Agreement, then you must bear the cost of your defense, including the cost of any judgment or settlement. Upon any termination of your Franchise Agreement, you must immediately cease all use of the trademarks.
Source: Item 23 — Receipts (FDD pages 103–600)
What This Means (2025 FDD)
According to Chick Fil A's 2025 Franchise Disclosure Document, CFA Properties and Chick-fil-A have the sole and exclusive right to protect and defend the Marks (trademarks) at their own expense. This applies to all locations, including Minnesota. As a Chick Fil A franchisee, you must notify Chick-fil-A immediately if you become aware of any potential infringement on CFA Properties' trademarks.
This means that Chick Fil A retains control over its brand and image, and franchisees are obligated to assist in protecting the trademarks. However, the Franchise Agreement does not require Chick Fil A to take action when notified of possible infringements. Franchisees benefit from Chick Fil A's commitment to defending against third-party claims arising from the franchisee's authorized use of the trademarks.
If Chick Fil A determines that a franchisee has used the trademarks correctly according to the Franchise Agreement, Chick Fil A will cover the costs of the defense, including any judgments or settlements. However, if Chick Fil A determines that the franchisee has not used the trademarks correctly, the franchisee will be responsible for these costs. Upon termination of the Franchise Agreement, the franchisee must immediately stop using all trademarks.