What constitutes an infringement of Devon Creek's Intellectual Property rights?

According to the 2024 Devon Creek FDD, franchisees must immediately notify Devon Creek of any apparent infringement or challenge to the franchisee's use of any Intellectual Property. Franchisees must also report any claim by any person of any rights in any Intellectual Property. The franchisee is not allowed to communicate with anyone other than Devon Creek, its affiliates, or their respective counsels regarding any infringement, challenge, or claim. This ensures that Devon Creek maintains control over its intellectual property and can manage any legal issues that may arise.

Devon Creek's intellectual property includes its trademarks, copyrights on materials like websites and documents, trade secrets, service marks, trade dress, and proprietary systems. Franchisees cannot take any actions that would harm or interfere with Devon Creek's rights to its intellectual property. The franchise agreement does not grant franchisees any rights to Devon Creek’s intellectual property, except the right to use it according to the agreement for operating the franchised business.

After the termination or expiration of the franchise agreement, the franchisee must immediately stop using the Devon Creek marks, any imitations of the marks, copyrighted material, or other intellectual property. They must also cease using any trade names or commercial symbols that suggest an association with Devon Creek. This includes stopping the use of all signs, advertising materials, and stationery that display the marks. Franchisees must also take action to cancel any assumed name registrations that contain the Devon Creek mark and provide evidence of this cancellation to Devon Creek within ten days of termination or expiration.