Who controls any copyright litigation related to Fly To Fit?
Fly_To_Fit Franchise · 2024 FDDAnswer from 2024 FDD Document
- (b) Infringement by Third Party. Franchisee shall promptly notify Fly To Fit Franchise if Franchisee becomes aware of any possible infringement of a Mark by a third party. Fly To Fit Franchise may, in its sole discretion, commence or join any claim against the infringing party.
- (c) Control. Fly To Fit Franchise shall have the exclusive right to control any prosecution or defense of any Action related to possible infringement of or by the Marks.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 33–34)
What This Means (2024 FDD)
According to Fly To Fit's 2024 Franchise Disclosure Document, Fly To Fit Franchise has the exclusive right to manage any legal actions related to potential copyright infringement. This includes both pursuing claims against parties who may be infringing on Fly To Fit's marks and defending against claims that a franchisee's use of the marks infringes on someone else's rights.
This means that as a Fly To Fit franchisee, you would be required to promptly inform Fly To Fit Franchise if you become aware of any potential infringement of the Fly To Fit marks by a third party. Fly To Fit Franchise then has the sole discretion to decide whether to initiate or participate in any legal action against the infringing party.
Conversely, if a third party brings a legal action against you alleging that your use of Fly To Fit's marks infringes on their rights, Fly To Fit Franchise is obligated to defend you at their own expense, provided you have used the marks in accordance with the franchise agreement. Fly To Fit Franchise will also cover any expenses and damages if the action is resolved against you. However, Fly To Fit Franchise retains exclusive control over the legal strategy and decisions in any such case.