What action is a Cinnaholic franchisee required to take if they learn of a challenge to their use of the Cinnaholic mark?
Cinnaholic Franchise · 2025 FDDAnswer from 2025 FDD Document
You must notify us immediately when you learn about an infringement of or challenge to your use of a Mark. We will take the action we think appropriate. We have the right to exclusively control any litigation, USPTO proceeding, or other proceeding arising out of any infringement, challenge, or claim or otherwise relating to any Mark.
Source: Item 13 — TRADEMARKS (FDD pages 37–39)
What This Means (2025 FDD)
According to Cinnaholic's 2025 Franchise Disclosure Document, if a franchisee becomes aware of any infringement or challenge to their use of the Cinnaholic mark, they must notify Cinnaholic immediately. After the franchisee informs Cinnaholic, Cinnaholic will then take whatever action it deems appropriate.
Cinnaholic retains exclusive control over any litigation, USPTO proceedings, or other legal actions arising from infringement, challenges, or claims related to the Cinnaholic mark. This means that Cinnaholic will decide how to respond to any legal challenges and will manage the legal process.
This requirement is typical in franchising, as the franchisor needs to protect its brand and trademarks consistently across all franchise locations. By mandating that franchisees report any potential trademark issues, Cinnaholic can take swift action to protect its brand and ensure consistent brand representation. The franchisee's responsibility is limited to notifying Cinnaholic, while Cinnaholic assumes the responsibility and cost of legal action.