Who has the discretion to commence a claim against a party infringing on a Fly To Fit mark?
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 22 — CONTRACTS (FDD page 44)
What This Means (2024 FDD)
According to Fly To Fit's 2024 Franchise Disclosure Document, Fly To Fit Franchise has the sole discretion to initiate a claim against any party that infringes on a Fly To Fit mark. The franchisee is obligated to promptly inform Fly To Fit Franchise if they become aware of any potential infringement.
This means that while franchisees are responsible for reporting potential infringements, the decision to pursue legal action rests entirely with Fly To Fit. This is a common arrangement in franchising, as the franchisor owns the trademarks and has the most at stake in protecting them. It also centralizes control over brand protection, ensuring consistent legal strategies.
Fly To Fit also has the exclusive right to control any prosecution or defense of any action related to possible infringement of or by the Marks. This ensures that Fly To Fit maintains control over the legal strategy and direction of any such claim. For a prospective franchisee, this means they will not have to bear the costs or manage the complexities of legal action related to trademark infringement, but they also cede control over these matters to Fly To Fit.