What is the Kitchen Solvers franchisee's responsibility to cooperate in the defense of an infringement claim in Minnesota?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
This Addendum pertains to franchises sold in the State of Minnesota and is for the purpose of complying with Minnesota statutes and regulations. Notwithstanding anything which may be contained in the body of the Franchise Agreement to the contrary, the Agreement is amended as follows:
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- 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 the 2025 Kitchen Solvers Franchise Disclosure Document, specifically the addendum for Minnesota, Kitchen Solvers will handle the defense of any infringement claim by third parties related to the Kitchen Solvers mark. However, the franchisee is required to cooperate with Kitchen Solvers in a reasonable manner during the defense. Any direct costs incurred by the franchisee due to this cooperation will be covered by Kitchen Solvers.
This means that if a third party claims that a Kitchen Solvers franchisee in Minnesota is infringing on their trademark, Kitchen Solvers will take the lead in defending against that claim. The franchisee's role is to assist Kitchen Solvers as reasonably requested, such as providing documentation or information relevant to the case.
It is important to note that while the franchisee must cooperate, Kitchen Solvers is responsible for covering the direct costs associated with that cooperation. This protects the franchisee from incurring significant expenses while assisting in the defense of the Kitchen Solvers mark. This arrangement is designed to balance the franchisor's need to protect its brand with the franchisee's need to operate their business without undue financial burden from legal disputes.