What must a Del Taco franchisee do to assist Del Taco in protecting its interest in the Marks?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
You must inform us promptly in writing of any infringement of the Marks by another party and of any litigation instituted against Del Taco relating to the Marks. We have the right, but not the obligation, to take action as we deem advisable to prevent any infringement and to join you as a party, if necessary. You must assist us, as our counsel decides appropriate, in protecting our interest in the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 40–41)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, franchisees play a crucial role in safeguarding the brand's trademarks. The Franchise Agreement mandates that Del Taco protect the franchisee's right to use their principal Marks and defend against any claims of infringement or unfair competition.
To assist Del Taco in protecting its interests in the Marks, a franchisee must promptly inform Del Taco in writing of any infringement of the Marks by another party. Additionally, the franchisee must report any litigation instituted against Del Taco relating to the Marks. The franchisee is obligated to assist Del Taco, as deemed appropriate by their counsel, in protecting their interest in the Marks.
This obligation ensures that Del Taco can take swift action against any potential trademark violations, maintaining the brand's integrity and reputation. While Del Taco has the right, but not the obligation, to take action against infringement, the franchisee's cooperation is essential for identifying and addressing such issues effectively. This collaborative approach is typical in franchising, where the franchisor relies on its franchisees to be vigilant in protecting the brand at the local level.