What is the Engel & Volkers franchisee's obligation if there are infringements or attacks on the trademarks?
Engel_Volkers Franchise · 2025 FDDAnswer from 2025 FDD Document
- 4.7 Defense of Rights: Franchisor will defend the Trademarks at its own expense unless those rights are defended by E&V Marken or Grund Genug Verlag. Franchisee must notify Franchisor of any infringements of or attacks on the Trademarks or Franchisor's associated intellectual property rights and give assistance to Franchisor as requested in any relevant legal proceedings. Assistance by Franchisee will be at the cost of Franchisor insofar as and to the extent Franchisor has given its explicit prior approval regarding such assistance by Franchisee. Franchisee will not institute legal proceedings for infringement of these Trademarks without the prior written consent of Franchisor.
Source: Item 22 — CONTRACTS (FDD page 88)
What This Means (2025 FDD)
According to Engel & Volkers' 2025 Franchise Disclosure Document, if a franchisee becomes aware of any infringements or attacks on the Engel & Volkers trademarks or associated intellectual property, they must promptly notify Engel & Volkers. The franchisee is also obligated to provide assistance to Engel & Volkers in any relevant legal proceedings related to the infringement or attacks, if requested. However, the franchisee will not institute legal proceedings for infringement of these Trademarks without the prior written consent of Engel & Volkers.
Engel & Volkers will defend the trademarks at its own expense unless those rights are defended by E&V Marken or Grund Genug Verlag. The franchisee's assistance will be at the cost of Engel & Volkers only if Engel & Volkers has given explicit prior approval regarding such assistance by the franchisee.
This clause protects the Engel & Volkers brand by ensuring that the franchisor is informed of any potential threats to its trademarks and can take appropriate action. It also prevents franchisees from independently pursuing legal action that could potentially harm the brand's overall strategy or reputation. By requiring franchisees to assist in legal proceedings when requested, Engel & Volkers can leverage the franchisee's local knowledge and resources to strengthen its defense of the trademarks.