What is a Devon Creek franchisee required to provide in the event of Intellectual Property infringement?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee shall notify Franchisor immediately via both email and telephone, of any apparent infringement of or challenge to Franchisee's use of any Intellectual Property and of any claim by any person of any rights in any Intellectual Property.
Franchisee shall not communicate with any person other than Franchisor or any designated affiliate thereof, their counsel and Franchisee's counsel in connection with any such infringement, challenge or claim.
Source: Item 22 — CONTRACTS (FDD page 45)
What This Means (2024 FDD)
According to Devon Creek's 2024 Franchise Disclosure Document, a franchisee must take specific actions if there's an apparent infringement or challenge to their use of Devon Creek's intellectual property, or if someone claims rights to it. The franchisee is required to immediately notify Devon Creek via both email and telephone about any such infringement, challenge, or claim.
Furthermore, the franchisee is explicitly instructed to only communicate about the matter with Devon Creek, its designated affiliates, their legal counsel, and the franchisee's own counsel. This restriction prevents the franchisee from engaging in unauthorized discussions or actions that could potentially harm Devon Creek's legal position or brand reputation.
This requirement ensures that Devon Creek maintains control over how intellectual property matters are handled, protecting its brand and legal interests. For a prospective franchisee, this means they must be vigilant in monitoring for any potential infringements and responsive in reporting them to Devon Creek, while also adhering to the communication protocols established by the franchisor.