What assistance is a Del Taco licensee required to provide to Del Taco in the investigation of intellectual property rights infringement?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
Notice of Infringement. Licensee shall promptly notify Del Taco in writing upon its discovery of any unauthorized use or infringement of any of the Intellectual Property Rights. Such notice shall contain the name and address, if known, of the potential or alleged infringer and the location or nature of the alleged infringement. Licensee shall reasonably assist Del Taco, at Del Taco's expense, in the investigation, prosecution or defense of any suit, action or proceeding relating to any of the Intellectual Property Rights, including, without limitation, the prosecution of a potential or alleged infringer, abatement of an infringement or defense of any action, counter suit, or claim made by a potential or alleged infringer.
Source: Item 23 — RECEIPTS (FDD pages 59–325)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, a licensee is required to assist Del Taco in the investigation, prosecution, or defense of any suit, action, or proceeding relating to Del Taco's intellectual property rights. This includes helping with the prosecution of a potential or alleged infringer, working to stop an infringement, or defending any action, counter suit, or claim made by a potential or alleged infringer.
Specifically, the licensee must promptly notify Del Taco in writing upon discovering any unauthorized use or infringement of Del Taco's intellectual property rights. This notification should include the name and address of the potential infringer, if known, and the location or nature of the alleged infringement.
Del Taco will bear the expense of this assistance. This requirement ensures that Del Taco can protect its brand and intellectual property effectively, with the cooperation of its licensees, which is a fairly standard practice in franchising.