What obligations do Even Hotels franchisees have to protect Holiday's rights to use copyrights?
Even_Hotels Franchise · 2025 FDDAnswer from 2025 FDD Document
You must notify Holiday immediately when you learn of an infringement, or a challenge to your use of the Marks. You must also notify Holiday promptly of 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 you become aware and of any potentially infringing or unauthorized uses of any of the Marks or any part of the Brand System of which you become aware. You must sign any documents Holiday or its counsel consider necessary to protect the Marks or any part of the Brand System and obtain or maintain their continued validity and enforceability. However, the License does not require Holiday to take action against infringers or to indemnify or defend you if you are a party to a proceeding involving the Marks.
SCH, Holiday and their affiliates have the right to control any administrative proceedings or litigation involving a trademark licensed by Holiday to you. Only SCH, Holiday and their affiliates have the right and responsibility to handle disputes concerning use of all or any part of the Brand System, at their expense. You must cooperate fully with SCH, Holiday and their affiliates in these matters. Any sums SCH, Holiday or their affiliates recover as a result of disputes with third parties regarding use of the Brand System is theirs. You may not initiate litigation against infringers to enforce or protect the Brand System.
If Holiday modifies or discontinues use of any of the Marks licensed to you as a result of any proceeding or settlement, then you must comply with Holiday's instructions in order to implement the modification or discontinuation. You will have no right to any compensation or other remedies from SCH, Holiday or any of its or their respective subsidiaries, affiliates or parents due to any modification or discontinuation of any of the Marks.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD page 85)
What This Means (2025 FDD)
According to Even Hotels' 2025 Franchise Disclosure Document, franchisees have specific obligations to protect Holiday's rights regarding the brand's trademarks and copyrighted materials. Franchisees must immediately notify Holiday upon learning of any infringement or challenges to the use of the Marks. This includes promptly reporting any objections, demands, controversies, allegations, or actions by third parties involving the Marks or any part of the Brand System. Franchisees must also report any potentially infringing or unauthorized uses of the Marks or any part of the Brand System that they become aware of.
Furthermore, Even Hotels franchisees are required to sign any documents that Holiday or its counsel deem necessary to protect the Marks or any part of the Brand System and to maintain their validity and enforceability. However, the License does not obligate Holiday to take action against infringers or to provide indemnity or defense to the franchisee in proceedings involving the Marks. Holiday and its affiliates retain the right to control any administrative proceedings or litigation involving a trademark licensed to the franchisee.
Even Hotels franchisees must fully cooperate with Holiday and its affiliates in handling disputes concerning the use of the Brand System. Franchisees are prohibited from initiating litigation against infringers to enforce or protect the Brand System. If Holiday modifies or discontinues the use of any licensed Marks due to any proceeding or settlement, franchisees must comply with Holiday's instructions to implement the modification or discontinuation, without any right to compensation or other remedies from Holiday.