Who controls litigation in the event of Trademark infringement related to a Kitchen Solvers franchise?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
- D. Litigation. In the event any person or entity improperly uses or infringes the Trademarks, we will control all litigation and we have the right to decide as to whether suit will be instituted, prosecuted or settled, the terms of settlement and whether any other action will be taken. You must promptly notify us of any such use or infringement of which you are aware. You must promptly inform us of any claim arising out of your use of any Trademark and must, without compensation, cooperate with us in any action we undertake. We or our affiliate will be responsible for our fees and expenses with any such action, unless the challenge or claim results from your misuse of the Trademarks in violation of this Agreement, in which case you must reimburse us for our fees and expenses.
Source: Item 22 — Contracts (FDD page 49)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, Kitchen Solvers maintains control over any litigation related to trademark infringement. This means that if another party improperly uses or infringes upon the Kitchen Solvers trademarks, Kitchen Solvers has the sole right to decide whether to initiate a lawsuit, how to proceed with the litigation, and whether to settle the matter.
As a Kitchen Solvers franchisee, you are required to promptly notify Kitchen Solvers of any potential trademark infringement you become aware of. Additionally, you must cooperate with Kitchen Solvers in any legal action they undertake related to trademark issues. This cooperation is required without any compensation to you.
Kitchen Solvers, or its affiliate, will be responsible for the fees and expenses associated with any such legal action, unless the claim or challenge arises from your misuse of the trademarks in violation of the franchise agreement. In such cases where the franchisee has misused the trademarks, the franchisee will be responsible for reimbursing Kitchen Solvers for all fees and expenses incurred.
This clause is typical in franchising, as the franchisor needs to protect its brand and trademarks consistently across all franchise locations. It is important for a prospective franchisee to understand that they must adhere strictly to Kitchen Solvers' trademark usage guidelines to avoid potential liability for legal costs.