How soon must a Churchs Chicken franchisee notify Cajun of any legal action or notice of violation?
Churchs_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
- E. Franchisee promptly shall inform Cajun in writing as to any infringement of the Proprietary Marks of which Franchisee has knowledge. Franchisee shall not make any demand or serve any notice, orally or in writing, or institute any legal action or negotiate, compromise or settle any controversy with respect to any such infringement without Cajun's approval. Cajun shall have the right, but not the obligation, to bring such action or take such steps as it may deem advisable to prevent any such infringement and to join Franchisee as a party to any action in which Cajun is or may be a party and as to which Franchisee is or would be a necessary or proper party. Franchisee also shall promptly notify Cajun of any litigation or proceeding of which Franchisee is aware instituted against Cajun Funding, Cajun, their affiliates or Franchisee relating to the Proprietary Marks. Franchisee shall execute any and all instruments and documents, render such other assistance and do any acts and things as may, in Cajun's opinion, be necessary or advisable to protect and maintain the interests of Cajun Funding and Cajun in the Proprietary Marks, including, without limitation, their interests in litigation or proceedings before the U.S. Patent and Trademark Office, any court, tribunal or other regulatory agency relating to the Proprietary Marks.
Source: Item 23 — RECEIPT (FDD pages 68–406)
What This Means (2025 FDD)
According to the 2025 Churchs Chicken Franchise Disclosure Document, a franchisee must promptly inform Cajun in writing about any infringement of the Proprietary Marks they are aware of. The franchisee cannot make demands, serve notices, start legal action, or settle controversies about infringements without Cajun's approval.
Furthermore, the franchisee must promptly notify Cajun of any litigation or proceedings they know about that are against Cajun Funding, Cajun, their affiliates, or the franchisee, if it relates to the Proprietary Marks. The franchisee is obligated to execute documents and provide assistance to protect Cajun Funding's and Cajun's interests in the Proprietary Marks, including involvement in litigation or proceedings before the U.S. Patent and Trademark Office or other regulatory bodies.
This means a Churchs Chicken franchisee has a responsibility to immediately alert the franchisor, Cajun, about any potential legal issues related to the brand's trademarks. Failing to do so, or acting independently without approval, could be a breach of the franchise agreement. This requirement ensures that Cajun maintains control over its brand and can take necessary legal actions to protect its trademarks.