What is the Chop5 Salad Kitchen franchisee's obligation if they discover an infringing use of the trademarks?
Chop5_Salad_Kitchen Franchise · 2024 FDDAnswer from 2024 FDD Document
You must notify us immediately if you discover an infringing use (or challenge to your use) of the Marks. We will take the action we think appropriate. We are not required to take any action if we do not feel it is warranted. We may require your assistance, but you may not control any proceeding or litigation relating to our Marks. You must not directly or indirectly contest our or CHOP5 IP LLC's rights to the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 38–39)
What This Means (2024 FDD)
According to Chop5 Salad Kitchen's 2024 Franchise Disclosure Document, franchisees have a responsibility to immediately notify Chop5 Salad Kitchen if they become aware of any unauthorized use of the brand's trademarks or any challenges to their own use of those trademarks.
While franchisees are required to report such instances, Chop5 Salad Kitchen retains control over the response. The company will decide what action, if any, it deems appropriate. Chop5 Salad Kitchen is not obligated to take any action. Furthermore, Chop5 Salad Kitchen may require the franchisee's assistance in addressing the infringement, but the franchisee is not allowed to control any legal proceedings or litigation related to the trademarks.
Finally, franchisees are prohibited from directly or indirectly challenging Chop5 Salad Kitchen's or CHOP5 IP LLC's rights to the trademarks. This means a franchisee cannot take any action that questions the ownership or validity of the Chop5 Salad Kitchen trademarks.