Who has sole discretion to take action regarding infringements of the Coffee News name?
Coffee_News Franchise · 2025 FDDAnswer from 2025 FDD Document
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
Source: Item 23 — Receipts (FDD pages 36–118)
What This Means (2025 FDD)
According to the 2025 Coffee News Franchise Disclosure Document, 2703203 Manitoba Inc. holds the sole discretion to act on infringements or challenges to the use of the "Coffee News" name or format. This includes the right to exclusively control any litigation or administrative actions related to such infringements, challenges, or claims. Any financial benefits, such as money or damages, resulting from these legal actions will accrue to 2703203 Manitoba Inc.
As a Coffee News franchisee, you are required to immediately inform the franchisor of any potential infringements or challenges to the use of the "Coffee News" name or format within your designated region. However, franchisees are explicitly prohibited from communicating with anyone other than the franchisor, 2703203 Manitoba Inc., and their legal counsel regarding these matters. This ensures that all legal strategies and communications are centrally managed by the franchisor's designated entity.
Furthermore, the Coffee News franchisee agrees to fully cooperate with 2703203 Manitoba Inc. by executing necessary documents, providing assistance, and performing actions deemed necessary by their counsel. This cooperation is essential to protect the interests of 2703203 Manitoba Inc., the franchisor, and all other franchisees within the Coffee News system. This coordinated approach helps maintain brand integrity and consistency across all franchise locations.