Who controls proceedings or litigation relating to the Marks for a Hck Hot Chicken franchise?
Hck_Hot_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
We will indemnify you for and defend you against any claim brought against you by a third party that your use of the Marks, in accordance with the Franchise Agreement, infringes upon that party's intellectual property rights. We may require your assistance, but we will exclusively control any proceeding or litigation relating to our Marks. We have no obligation to pursue any infringing users of our Marks. If we learn of an infringing user, we will take the action appropriate, but we are not required to take any action if we do not feel it is warranted. You must notify us within three days if you learn that any party is using the Marks or a trademark that is confusingly similar to the Marks. We have the sole discretion to take such action as we deem appropriate to exclusively control any litigation or administrative proceeding involving a trademark licensed by us to you.
Source: Item 13 — TRADEMARKS (FDD pages 40–41)
What This Means (2025 FDD)
According to Hck Hot Chicken's 2025 Franchise Disclosure Document, Hck Hot Chicken maintains exclusive control over any proceedings or litigation relating to its Marks. While Hck Hot Chicken may require a franchisee's assistance in such matters, the franchisor retains the sole authority to direct and manage these legal actions. This means that Hck Hot Chicken decides how to handle any legal disputes involving the trademarks.
This control extends to decisions about pursuing infringing users of the Marks. Hck Hot Chicken is not obligated to take action against every instance of infringement, retaining the discretion to act only when it deems it warranted. However, franchisees are required to notify Hck Hot Chicken within three days if they become aware of any unauthorized use of the Marks or confusingly similar trademarks.
For a prospective franchisee, this means that while they are expected to protect the brand by reporting potential infringements, they do not have the authority to independently pursue legal action to protect the Hck Hot Chicken trademarks. The franchisee must rely on Hck Hot Chicken to take appropriate action. This arrangement is typical in franchising, as it ensures consistent brand protection and legal strategy across all franchise locations.