Does the Chocolate Bash franchise agreement require them to take affirmative action when notified of copyright infringement?
Chocolate_Bash Franchise · 2024 FDDAnswer from 2024 FDD Document
ARTICLE 12. MARKS
- 12.1 Authorized Marks. Franchisee shall use no trademarks, service marks or logos in connection with the Business other than the Marks. Franchisee shall use all Marks specified by CB Franchising, and only in the manner as CB Franchising may require. Franchisee has no rights in the Marks other than the right to use them in the operation of the Business in compliance with this Agreement. All use of the Marks by Franchisee and any goodwill associated with the Marks, including any goodwill arising due to Franchisee's operation of the Business, will inure to the exclusive benefit of CB Franchising.
- 12.2 Change of Marks. CB Franchising may add, modify, or discontinue any Marks to be used under the System. Within a reasonable time after CB Franchising makes any such change, Franchisee must comply with the change, at Franchisee's expense.
12.3 Infringement.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 28–29)
What This Means (2024 FDD)
Based on the 2024 Franchise Disclosure Document, the Chocolate Bash franchise agreement addresses infringement in Section 12.3, but the excerpt provided ends abruptly at the heading "12.3 Infringement." The document does not detail the specific actions a franchisee must take if notified of copyright infringement.
Without the full text of Section 12.3, it is not possible to determine Chocolate Bash's requirements regarding copyright infringement. Typically, franchise agreements include clauses that require franchisees to cease using infringing materials and cooperate with the franchisor in defending against infringement claims.
A prospective Chocolate Bash franchisee should carefully review the complete Section 12.3 of the franchise agreement to understand their obligations related to trademark and copyright infringement. It would be prudent to ask the franchisor for clarification on the specific steps a franchisee must take upon notification of potential infringement to ensure compliance and protect their business.