With whom can a Crisp & Green franchisee communicate regarding an infringement of a Mark, besides Crisp & Green?
Crisp_Green Franchise · 2024 FDDAnswer from 2024 FDD Document
- (a) Trademarks.
We will undertake the defense of any claim of infringement by third parties involving the Crisp & Green Marks, and you will cooperate with the defense in any reasonable manner prescribed by us with any direct cost of such cooperation to be borne by us.
-
- Item 13 of the Disclosure Document is amended by the addition of the following paragraphs:
"We will protect your right to use the trademarks, service marks, trade names, logotypes or other commercial symbols or indemnify you from any losses, costs or expenses arising out of any claim, suit or demand regarding the proper use of the name.
As required by the Minnesota Franchise Act, Minn. Stat. § 80C.12(g), we will reimburse you for any costs that you incur in the defense of your right to use the Marks, so long as you were using the Marks in the manner that we authorized, and so long as we are timely notified of the claim and given the right to manage the defense of the claim including the right to compromise, settle or otherwise resolve the claim, and to determine whether to appeal a final determination of the claim."
Source: Item 23 — RECEIPTS (FDD pages 66–252)
What This Means (2024 FDD)
According to the 2024 Crisp & Green Franchise Disclosure Document, specifically for franchisees operating in Minnesota, the franchisee will cooperate with Crisp & Green in the defense of any claim of infringement by third parties involving the Crisp & Green Marks. The direct costs of such cooperation will be borne by Crisp & Green. This means that if a third party infringes on Crisp & Green's trademarks, the franchisee is expected to assist in the legal defense, and Crisp & Green will cover the direct costs associated with this assistance.
Furthermore, the FDD states that Crisp & Green will undertake the defense of any claim of infringement by third parties involving the Crisp & Green Marks. This indicates that Crisp & Green takes the lead in addressing trademark infringements, but the franchisee's cooperation is required.
In addition, the Minnesota Franchise Act ensures that Crisp & Green will reimburse the franchisee for any costs incurred in defending the right to use the Marks, provided the franchisee used the Marks as authorized, and Crisp & Green is promptly notified and allowed to manage the claim's defense, including settlement or appeal decisions. This offers additional protection and financial support to Minnesota franchisees in cases of trademark disputes, ensuring they are not solely burdened with the costs of defending their right to use the Crisp & Green Marks.