Does a Circle K franchisee have the right to defend the Circle K Marks in court?
Circle_K Franchise · 2025 FDDAnswer from 2025 FDD Document
- 4.6 Defense or Enforcement of Right to Marks.
Franchisee will have no right to and will not defend or enforce any rights associated with the Marks or the Business System in any court or other proceedings for or against imitation, infringement, any claim of prior use, or for any other claim or allegation.
Franchisee will give Franchisor prompt and timely written notice of any and all claims or complaints made against or associated with the Marks or the Business System, and Franchisee will, at its expense, cooperate in all respects with Franchisor and its Affiliates in any lawsuit or other proceedings involving the Marks or the Business System.
Franchisor or its Affiliates have the right to determine whether they will commence any action or defend any
Source: Item 22 — CONTRACTS (FDD page 100)
What This Means (2025 FDD)
According to the 2025 Circle K Franchise Disclosure Document, a franchisee does not have the right to defend or enforce any rights associated with the Circle K Marks or the Business System in court. This includes actions against imitation, infringement, claims of prior use, or any other claim or allegation.
Instead, the Circle K franchisee is obligated to provide Circle K with prompt written notice of any claims or complaints related to the Marks or Business System. The franchisee must also cooperate with Circle K in any lawsuits or proceedings involving the Marks or Business System, and all associated expenses will be borne by the franchisee.
Circle K retains the right to determine whether to initiate or defend any action related to the Marks. This ensures that Circle K maintains control over the protection and enforcement of its intellectual property, which is a common practice in franchising to maintain brand consistency and value.