Who has the right to control litigation involving Devon Creek's copyrights licensed to the franchisee?
Devon_Creek Franchise · 2024 FDDAnswer from 2024 FDD Document
You must notify us immediately when you learn about an infringement of or challenge to your use of the Principal Marks or other Marks. Licensor and we will take any action we think appropriate and, if you have given us timely notice and are in full compliance with the Franchise Agreement, we will indemnify you for all expenses and damages arising from any claim challenging your authorized use of the Principal Marks or other Marks. Licensor and we have the right to control any administrative proceedings or litigation involving the Principal Marks or other Mark licensed by us to you. You must cooperate fully with Licensor and us in defending and/or settling the litigation.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 35–36)
What This Means (2024 FDD)
According to the 2024 Devon Creek Franchise Disclosure Document, Devon Creek IP, LLC (Licensor) and Devon Creek have the right to control any administrative proceedings or litigation involving the Principal Marks or other Marks licensed to the franchisee. The franchisee is obligated to immediately notify Devon Creek upon learning of any infringement or challenge to the use of the Principal Marks or other Marks.
Devon Creek and the Licensor will decide what action they deem appropriate. If the 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.
The franchisee must cooperate fully with Licensor and Devon Creek in defending and/or settling any litigation. This means that while the franchisee may be involved in litigation concerning the use of Devon Creek's intellectual property, the franchisor retains ultimate control over the legal strategy and decisions.