What is the Coffee News franchisee required to do if there are infringements to 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 the 2025 Coffee News Franchise Disclosure Document, franchisees have specific obligations regarding potential infringements or challenges to the "Coffee News" name or format. The franchisee must immediately inform Coffee News of any apparent infringements or challenges within their region.
The Coffee News franchisee is explicitly prohibited from communicating with anyone other than the franchisor, 2703203 Manitoba Inc., and its counsel regarding any infringement, challenge, or claim. This ensures that all communications are managed centrally by the appropriate legal representatives of Coffee News.
Coffee News retains sole discretion to take any action it deems appropriate to address the infringement, including controlling any litigation or administrative claims. Any monetary benefits, damages, or other advantages resulting from such actions accrue to 2703203 Manitoba Inc. The franchisee must also execute documents, provide assistance, and perform acts deemed necessary by the counsel of 2703203 Manitoba Inc. to protect the interests of Coffee News and its franchisees. This includes participating in litigation or administrative proceedings to maintain the integrity of the "Coffee News" name and format.