Who controls litigation involving the copyright used by Churchs Chicken?
Churchs_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
You must promptly notify us of any suspected infringement of, or challenge to, the copyright. We will control any administrative proceeding or litigation involving the copyright and will decide whether to pursue any suspected infringer. If we defend or begin litigation relating to the copyright, you must sign all documents and do what our counsel believes is necessary to carry out the defense or prosecution. Unless the litigation arises as a result of your use of the copyright in a manner inconsistent with the Franchise Agreement, we will reimburse you for your out-of-pocket costs in doing these things (except that you will still bear the salary costs of your employees). Otherwise, we are not obligated by the Franchise Agreement, or otherwise, to defend the rights granted to you to use the copyright or to defend you against claims of infringement or unfair competition. Nevertheless, it is ordinarily in our best interest to do so.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 47–49)
What This Means (2025 FDD)
According to Churchs Chicken's 2025 Franchise Disclosure Document, Churchs Chicken maintains control over any litigation involving its copyright. Specifically, Churchs Chicken will manage any administrative or legal proceedings related to the copyright and decides whether to take action against suspected infringers.
As a Churchs Chicken franchisee, you are required to promptly inform Churchs Chicken of any suspected copyright infringement or challenges. If Churchs Chicken decides to defend or litigate the copyright, you must sign necessary documents and assist as directed by their counsel.
Unless the litigation arises from your unauthorized use of the copyright, Churchs Chicken will cover your out-of-pocket expenses, excluding employee salaries, for assisting with the defense or prosecution. However, Churchs Chicken is not obligated to defend your right to use the copyright or protect you from infringement or unfair competition claims, although they typically do so when it is in their best interest.