What is a Kitchen Solvers franchisee's obligation if they become aware of Trademark infringement?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
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, franchisees have specific obligations regarding the brand's trademarks. If a Kitchen Solvers franchisee becomes aware of any improper use or infringement of the Kitchen Solvers trademarks, they must promptly notify Kitchen Solvers. This ensures that the franchisor can take appropriate action to protect its brand and intellectual property.
Kitchen Solvers retains control over any litigation related to trademark infringement, including the decision to initiate, prosecute, or settle lawsuits. The franchisee is required to cooperate with Kitchen Solvers in any action the franchisor undertakes, without receiving compensation for their cooperation. This cooperation is essential for Kitchen Solvers to effectively defend its trademarks.
Kitchen Solvers, or its affiliate, will cover the fees and expenses associated with any legal action regarding trademark infringement, unless the issue arises from the franchisee's misuse of the trademarks. In such cases where the franchisee's misuse leads to a challenge or claim, the franchisee is responsible for reimbursing Kitchen Solvers for all related fees and expenses. This provision holds franchisees accountable for using the trademarks correctly and in accordance with the franchise agreement.