Does the Even Hotels franchise agreement outline specific procedures for handling copyright infringement claims?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
B. Trademark Disputes.
The "Marks" means the name and mark "EVEN® Hotels", IHG One Rewards and IHG Concerto and their distinguishing characteristics and the other service marks, trademarks, trade names, slogans, commercial symbols, logos, trade dress, copyrighted material and intellectual property associated with the Brand System, including, without limitation, those which IHG may designate in the future for use and those which IHG does not designate as withdrawn from use. Licensee shall notify IHG immediately of (i) an infringement, or a challenge to Licensee's use of any of the Marks; (ii) any objections, demands, controversies, allegations or actions asserted or taken by third parties involving any of the Marks or any part of the Brand System of which Licensee becomes aware; and, (iii) any potentially infringing or unauthorized uses of any of the Marks or any part of the Brand System of which Licensee becomes aware. IHG or its Affiliates will have the sole and exclusive right to handle disputes with third parties concerning use of all or any part of the Marks or Brand System, and Licensee will, at its reasonable expense, extend its full cooperation to IHG in all such matters. All recoveries made as a result of disputes with third parties regarding use of the Marks or Brand System or any part thereof shall be for the account of IHG. IHG need not initiate suit against alleged imitators or infringers, and may settle any dispute by grant of a license or otherwise. Licensee will not initiate any suit or proceeding against alleged imitators or infringers, or any other suit or proceeding to enforce or protect the Marks or Brand System.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD page 85)
What This Means (2025 FDD)
According to the 2025 Even Hotels Franchise Disclosure Document, the franchise agreement addresses procedures related to trademark disputes, which can include copyright infringement claims, within the broader context of intellectual property associated with the Brand System.
Specifically, the Even Hotels agreement mandates that franchisees must immediately notify IHG (InterContinental Hotels Group) of any infringement or challenges to the use of the Marks, which include copyrighted material and intellectual property. This notification extends to any objections, demands, controversies, allegations, or actions by third parties involving the Marks or any part of the Brand System that the franchisee becomes aware of, as well as any potentially infringing or unauthorized uses of the Marks or any part of the Brand System.
IHG retains the sole and exclusive right to manage disputes with third parties concerning the use of the Marks or Brand System. The franchisee is obligated to fully cooperate with IHG in these matters at their reasonable expense. Any recoveries resulting from these disputes will be for the account of IHG. The agreement explicitly prohibits the franchisee from initiating any suit or proceeding against alleged infringers or any other action to enforce or protect the Marks or Brand System, with IHG having the discretion to settle disputes through licensing or other means. This framework ensures that IHG maintains control over the protection and enforcement of its intellectual property rights, while requiring franchisees to assist in identifying and addressing potential infringements.