What rights does Cilantro Taco Grill have regarding litigation involving its licensed copyrights?
Cilantro_Taco_Grill Franchise · 2024 FDDAnswer from 2024 FDD Document
You must notify us immediately when you learn about an infringement of or challenge to your use of the Principal Marks or other Marks. Our affiliate and we will take any action we think appropriate and, if you have given us timely notice and are in full compliance with the Franchise Agreement, we will indemnify you for all expenses and damages arising from any claim challenging your authorized use of the Principal Marks or other Marks. Our affiliate and we have the right to control any administrative proceedings or litigation involving the Principal Marks or other Marks licensed by us to you. You must cooperate fully with our affiliate and us in defending and/or settling the litigation.
We reserve the right to substitute different Marks if we can no longer use the current Marks, or if we determine that substitution of different Marks will be beneficial to the System. In such event, we may require you, at your
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 36–37)
What This Means (2024 FDD)
According to Cilantro Taco Grill's 2024 Franchise Disclosure Document, both Cilantro Taco Grill and its affiliate have the right to control any administrative proceedings or litigation involving the Principal Marks or other Marks licensed to the franchisee. The franchisee is obligated to cooperate fully with Cilantro Taco Grill and its affiliate in defending and/or settling any such litigation.
If a franchisee provides timely notice of any infringement or challenge to the use of the Principal Marks and is in full compliance with the Franchise Agreement, Cilantro Taco Grill will indemnify the franchisee for all expenses and damages arising from any claim challenging the franchisee's authorized use of the Principal Marks or other Marks.
Cilantro Taco Grill also retains the right to substitute different Marks if they can no longer use the current Marks or if they determine that a substitution would benefit the System. In such a case, the franchisee may be required, at their own expense, to modify or stop using any Mark, including the Principal Marks, or to use one or more additional or substitute Marks.