What is a Coffee News franchisee's obligation if they notice infringements to the Coffee News name or format?
Coffee_News Franchise · 2025 FDDAnswer from 2025 FDD Document
In addition, you shall immediately notify us of any apparent infringements of or challenges to the use of the "Coffee News" name or format or your licensed business in the geographic area covered by the agreement. You shall not communicate with any person other than us, 2703203, Manitoba, Inc. and its counsel in connection with any such infringement or challenge. You will agree that 2703203, Manitoba, Inc. shall have sole discretion to take the action it deems appropriate and the right to exclusively control any litigation or other administrative claim or action relating to the infringement, challenge, or claim. Any money, damages, or other benefits arising from the infringement or challenge shall benefit 2703203, Manitoba, Inc. You must execute all instruments and documents, give all assistance and perform those acts to protect and maintain our interests as required by counsel of 2703203, Manitoba, Inc., us and its publishers in any litigation or administrative proceeding.
Source: Item 13 — Trademarks (FDD pages 22–24)
What This Means (2025 FDD)
According to the 2025 Coffee News Franchise Disclosure Document, franchisees have a responsibility to protect the Coffee News brand. Specifically, if a franchisee becomes aware of any potential infringements or challenges to the use of the "Coffee News" name or format within their licensed geographic area, they must immediately notify Coffee News.
The FDD makes it clear that franchisees should not communicate with anyone other than Coffee News, 2703203, Manitoba, Inc., and their counsel regarding any potential infringement or challenge. This ensures that all communications are handled in a coordinated and strategic manner. Coffee News and 2703203, Manitoba, Inc. retain sole discretion to take any action they deem appropriate, including controlling any litigation or administrative claims related to the infringement or challenge.
The franchise agreement stipulates that any money, damages, or other benefits resulting from an infringement or challenge will benefit 2703203, Manitoba, Inc. Furthermore, franchisees are required to execute all necessary documents, provide assistance, and perform acts to protect and maintain the interests of Coffee News, its publishers, and 2703203, Manitoba, Inc. in any litigation or administrative proceeding. This underscores the franchisee's role in supporting the franchisor's efforts to safeguard the brand's intellectual property.