For Chocolate Fish Coffee, can a party apply to the arbitrator for injunctive relief?
Chocolate_Fish_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
- (c) Injunctive Relief. Either party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either party also may, without waiving any remedy or right to arbitrate under this Agreement, seek from any court having jurisdiction any interim or provisional injunctive relief.
- (d) Intellectual Property Claims. Either party may bring a claim involving an alleged infringement of any of Chocolate Fish Franchising's intellectual property rights in a court authorized to hear such claims under Section 17.5 of this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 41–119)
What This Means (2024 FDD)
According to Chocolate Fish Coffee's 2024 Franchise Disclosure Document, both the franchisee and Chocolate Fish Coffee can apply to the arbitrator for injunctive relief. This is permissible until the arbitration award is given or the controversy is otherwise resolved.
Additionally, either party has the option to seek interim or provisional injunctive relief from any court with jurisdiction, without giving up any right or remedy to arbitrate the matter under the Franchise Agreement. This provides flexibility in seeking immediate protection while still pursuing arbitration.
However, Chocolate Fish Coffee can bring a claim involving an alleged infringement of any of its intellectual property rights in a court authorized to hear such claims.