What are some ways Hawthorn Suites By Wyndham may resolve a claim of infringement?
Hawthorn_Suites_By_Wyndham Franchise · 2025 FDDAnswer from 2025 FDD Document
We will indemnify, defend and hold you harmless, to the fullest extent permitted by law, from and against all Losses and Expenses, you incur in any action or claim alleging that your proper use of the System and any property we license to you, including the Copyrighted Materials or Confidential Information, is an infringement of a third party's rights to any trade secret, patent, copyright, trademark, service mark or trade name for as long as the Franchise Agreement is in full force and effect. You will cooperate with the defense and resolution of the claim. We may resolve the matter by obtaining a license of the property for you at our expense, or by requiring that you discontinue using the infringing property or modify your use to avoid infringing the rights of others.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 76–77)
What This Means (2025 FDD)
According to Hawthorn Suites By Wyndham's 2025 Franchise Disclosure Document, Hawthorn Suites By Wyndham has the right to resolve claims of infringement related to the System. To resolve such a matter, Hawthorn Suites By Wyndham can either obtain a license of the infringed property for the franchisee at the franchisor's expense, or require the franchisee to discontinue using the infringing property. Alternatively, Hawthorn Suites By Wyndham can mandate that the franchisee modify their use of the property in order to avoid infringing on the rights of others.
Hawthorn Suites By Wyndham will defend and indemnify the franchisee against losses and expenses from claims alleging that the franchisee's proper use of the System infringes upon a third party's rights. This protection applies as long as the Franchise Agreement remains in full effect. The franchisee is obligated to cooperate with Hawthorn Suites By Wyndham in the defense and resolution of any such claim.
This means that if a franchisee is sued for intellectual property infringement due to their use of Hawthorn Suites By Wyndham's System, Hawthorn Suites By Wyndham will take responsibility for the legal defense and any resulting costs, provided the franchisee is using the System as intended. However, the franchisee must assist Hawthorn Suites By Wyndham in resolving the dispute. Hawthorn Suites By Wyndham retains control over how these disputes are handled, including the option to secure licenses or change the way the franchisee uses the System to avoid further infringement.