In the event of a third-party claim of infringement involving the Kitchen Solvers mark, who is responsible for undertaking the defense?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
We will undertake the defense of any claim of infringement by third parties involving the KITCHEN SOLVERS mark, and you will cooperate with the defense in any reasonable manner prescribed by us with any direct cost of such cooperation to be borne by us.
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, the franchisor assumes responsibility for defending against third-party claims of infringement involving the Kitchen Solvers mark, specifically for franchises sold in Minnesota. The franchisee is expected to cooperate with Kitchen Solvers in the defense, and any direct costs incurred by the franchisee due to this cooperation will be borne by Kitchen Solvers. This stipulation is part of an addendum to the franchise agreement that applies specifically to franchises operating in Minnesota.
This means that if a Kitchen Solvers franchisee in Minnesota is sued by a third party for using a trademark or service mark that allegedly infringes on the third party's rights, Kitchen Solvers will take the lead in the legal defense. The franchisee is not left to handle the legal challenge alone but must assist Kitchen Solvers in a reasonable manner. This protection extends only to claims involving the Kitchen Solvers mark itself.
It is important to note that this protection is specifically mentioned in the addendum for the state of Minnesota. Franchisees operating in other states may have different terms regarding trademark infringement claims, as indicated by the New York addendum which states that any provision inconsistent with the New York General Business Law may not be enforceable. Therefore, franchisees should carefully review the specific addenda and franchise agreements applicable to their state to understand their rights and obligations regarding intellectual property defense.
Prospective Kitchen Solvers franchisees should confirm whether similar protections apply in their specific state and understand the scope of their cooperation obligations and cost coverage. They should also inquire about Kitchen Solvers' history of trademark disputes and the measures the company takes to protect its trademarks and prevent infringement claims.