What must an Ella Cafe franchisee do if there is an infringement of the Marks?
Ella_Cafe Franchise · 2024 FDDAnswer from 2024 FDD Document
You must immediately notify us of any infringement of the Marks or of any challenge to the use of any of the Marks or claim by any person of any rights in any of the Marks. You and your Principals must agree not to communicate with any person other than us, any designated affiliate, and our or their counsel about any infringement, challenge, or claim. We, or our affiliates, have sole discretion to take any action we deem appropriate and the right to exclusively control any litigation or Patent and Trademark Office (or other) proceeding from any infringement, challenge, or claim concerning any of the Marks. You must execute all instruments and documents and give us any assistance that, in our counsel's or our affiliates' counsel's opinion, may be necessary or advisable to protect and maintain our interests or those of our affiliates in any litigation or proceeding or to otherwise protect and maintain our or their interest in the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 35–38)
What This Means (2024 FDD)
According to Ella Cafe's 2024 Franchise Disclosure Document, if a franchisee discovers any infringement of the brand's trademarks, they must immediately notify Ella Cafe. The franchisee and their principals are prohibited from communicating with anyone about the infringement, challenge, or claim, except for Ella Cafe, its designated affiliates, and their respective legal counsel.
Ella Cafe, or its affiliates, have the sole discretion to take any action they deem appropriate regarding the infringement. They also have the exclusive right to control any litigation or proceedings before the Patent and Trademark Office (or other venues) arising from the infringement, challenge, or claim concerning any of the Marks.
The franchisee is obligated to execute all instruments and documents and provide any assistance that Ella Cafe's counsel or its affiliates' counsel deems necessary or advisable to protect and maintain their interests in any litigation or proceeding. This also extends to protecting and maintaining Ella Cafe's or its affiliates' interest in the Marks. This ensures that Ella Cafe maintains control over the protection and enforcement of its trademarks, which is a common practice in franchising to maintain brand consistency and value.