Who should the Coffee News franchisee notify of any apparent infringements of the Coffee News name?
Coffee_News Franchise · 2025 FDDAnswer from 2025 FDD Document
- 8.11 Notification of Violations.
Franchisee shall immediately notify Franchisor of any apparent infringements of or challenges to the use of the "Coffee News" name or Format or Franchisee's Franchised business in the region covered by this Agreement.
Franchisee shall not communicate with any person other than Franchisor, 2703203 Manitoba Inc., and its counsel in connection with any such infringement, challenge or claim.
Franchisee agrees that 2703203 Manitoba Inc. shall have sole discretion to take such action as it deems appropriate and the right to exclusively control any litigation or other administrative claim or action relating to any such infringement, challenge or claim.
Any money, damages or other benefits arising out of such infringement, challenge or claim shall accrue to 2703203 Manitoba Inc.
Franchisee agrees to execute any and all instruments and documents, render such
assistance and perform such acts as may, in the opinion of the counsel of 2703203 Manitoba Inc., be necessary or advisable, to protect and maintain the interests of 2703203 Manitoba Inc., Franchisor and its franchisees in any litigation or administrative proceeding or to otherwise protect and maintain the interest of 2703203 Manitoba Inc. and Franchisor in the "Coffee News" name and Format or their businesses.
Source: Item 23 — Receipts (FDD pages 36–118)
What This Means (2025 FDD)
According to Coffee News' 2025 Franchise Disclosure Document, a franchisee must immediately inform the Franchisor of any apparent violations or challenges to the use of the "Coffee News" name, the format, or the franchisee's franchised business within their designated region. The franchisee is instructed to only communicate with the Franchisor, 2703203 Manitoba Inc., and their legal counsel regarding any such infringement, challenge, or claim.
Coffee News retains sole discretion to take action deemed appropriate and has the exclusive right to control any litigation or administrative claim related to an infringement, challenge, or claim. Any monetary benefits arising from such actions accrue to 2703203 Manitoba Inc.
The franchisee is obligated to provide assistance and execute documents necessary to protect the interests of 2703203 Manitoba Inc., Coffee News, and its franchisees in any legal or administrative proceedings. This includes protecting the "Coffee News" name and format, as well as their respective businesses.
This requirement ensures that Coffee News maintains control over its brand and can take appropriate legal action against infringements, while also preventing franchisees from taking actions that could harm the brand or create legal liabilities for the company.