What happens if a Devon Creek franchisee does not give timely notice of copyright infringement?

According to Devon Creek's 2024 Franchise Disclosure Document, a franchisee's failure to provide timely notification regarding any infringement or challenges to the use of the Principal Marks or other Marks has specific repercussions. If a Devon Creek franchisee provides timely notice and is in full compliance with the Franchise Agreement, Devon Creek will indemnify the franchisee for all expenses and damages arising from any claim challenging the franchisee's authorized use of the Principal Marks or other Marks. This indicates that the franchisee may be responsible for covering expenses and damages if they do not provide timely notice.

This requirement underscores the importance of franchisees promptly informing Devon Creek of any potential intellectual property issues. By doing so, the franchisee can potentially avoid shouldering the financial burden of defending against claims related to trademark or copyright infringement. Devon Creek retains the right to control any administrative proceedings or litigation involving the Marks and requires the franchisee's full cooperation in defending or settling any litigation.

In the event that Devon Creek can no longer use the current Marks, they reserve the right to substitute different Marks. If this occurs, the franchisee may be required, at their own expense, to modify or stop using any Mark, including the Principal Marks, or to use one or more additional or substitute Marks. This highlights the potential costs and operational adjustments that a franchisee might face due to changes in Devon Creek's branding or intellectual property strategy.