Who controls litigation related to Trademark infringement for Kitchen Solvers?
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's 2025 Franchise Disclosure Document, Kitchen Solvers maintains control over any litigation regarding the Trademarks. This means Kitchen Solvers has the authority to decide whether to initiate, prosecute, or settle any suits related to trademark infringement. They also determine the terms of any settlement and what actions to take.
For a Kitchen Solvers franchisee, this means they must promptly inform Kitchen Solvers of any potential trademark infringement they become aware of. Franchisees are also obligated to cooperate with Kitchen Solvers in any legal action undertaken. Franchisees must also inform Kitchen Solvers of any claim arising from their use of any Trademark.
Kitchen Solvers is responsible for the fees and expenses associated with such legal actions, unless the claim or challenge arises from the franchisee's misuse of the Trademarks in violation of the Franchise Agreement. In such cases, the franchisee is responsible for reimbursing Kitchen Solvers for their fees and expenses.