Does an Hck Hot Chicken franchisee have the right to prosecute an infringer of the Hck Hot Chicken Marks?
Hck_Hot_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
- 11.6 Prosecution of Infringers.
If Franchisee shall receive notice or is informed or learns that any third party, which it believes to be unauthorized to use the Franchisor's trade dress or Marks, is using Franchisor's trade dress or Marks or any variant thereof, Franchisee shall promptly notify Franchisor of the facts relating to such alleged infringing use.
Thereupon, Franchisor shall, in its discretion, determine whether or not it wishes to take any action against such third person on account of such alleged infringement of the trade dress and/or Marks.
Franchisee shall have no right to make any demand against any such alleged infringer or to prosecute any claim of any kind or nature whatsoever against such alleged infringer for or on account of such infringement.
Source: Item 21 — FINANCIAL STATEMENTS (FDD page 54)
What This Means (2025 FDD)
According to the 2025 Hck Hot Chicken Franchise Disclosure Document, a franchisee does not have the right to prosecute an infringer of the Hck Hot Chicken Marks. If a franchisee becomes aware of a third party potentially infringing on Hck Hot Chicken's trade dress or Marks, they are required to promptly notify Hck Hot Chicken.
The decision to take action against the alleged infringer rests solely with Hck Hot Chicken. The franchisee is explicitly prohibited from making any demands or prosecuting any claims against the alleged infringer. This ensures that Hck Hot Chicken maintains control over its brand and legal strategy.
This is a common practice in franchising, as franchisors typically want to control the legal defense of their trademarks to ensure consistency and protect the overall brand. While the franchisee may bear expenses if they choose to participate in the defense or settlement, the franchisor's decisions are final.