What is the dependency for Gold Star to execute documents in the franchisee's name to discontinue use of the Marks?
Gold_Star Franchise · 2025 FDDAnswer from 2025 FDD Document
If the COMPANY undertakes the defense or prosecution of any litigation pertaining to the right to use the Marks, FRANCHISEE agrees to execute any and all documents and to do such acts and things as may be necessary, in the opinion of counsel for the COMPANY, to carry out such defense or prosecution, whether the action is in the name of the COMPANY or in the name of FRANCHISEE.
Source: Item 23 — Receipts (FDD pages 53–163)
What This Means (2025 FDD)
According to Gold Star's 2025 Franchise Disclosure Document, if Gold Star undertakes the defense or prosecution of any litigation pertaining to the right to use the Marks, the franchisee must execute any and all documents. These documents and actions must be deemed necessary by counsel for Gold Star to carry out such defense or prosecution. This applies whether the action is in the name of Gold Star or in the name of the franchisee.
This means that as a Gold Star franchisee, you are obligated to cooperate fully with Gold Star if any legal issues arise regarding the use of the Gold Star Marks. This cooperation extends to signing any documents that Gold Star's legal counsel deems necessary for the defense or prosecution of litigation related to the Marks.
The franchisee's cooperation is crucial for Gold Star to protect its brand and trademarks effectively. Failure to comply with these requirements could have legal and financial repercussions for the franchisee. It is important for prospective franchisees to understand this obligation and be prepared to work closely with Gold Star in the event of any legal challenges related to the Marks.