Who has the right to control litigation related to the Kitchen Solvers Marks?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
We are not obligated to protect you against infringement or unfair competition claims arising out of your use of the Marks, or to participate in your defense or indemnify you. We reserve the right to control any litigation related to the Marks and we have the sole right to decide to pursue or settle any infringement actions related to the Marks. You must notify us promptly of any infringement or unauthorized use of the Marks of which you become aware. If we determine that a trademark infringement action requires changes or substitutions to the Marks, you must make such changes or substitutions at your own expense. In the limited circumstance that you must change the Trademarks in response to a third-party claim that its rights to use the Trademarks are superior to our rights, you must make the changes at your expense, except that we will reimburse you for any new signage that we determine is necessary, provided you have cooperated with any action we undertake with regard to the third party claim.
Source: Item 13 — Trademarks (FDD pages 33–34)
What This Means (2025 FDD)
According to Kitchen Solvers's 2025 Franchise Disclosure Document, Kitchen Solvers reserves the right to control any litigation related to its Marks. This means Kitchen Solvers has the sole authority to decide whether to pursue or settle any infringement actions related to the Marks. The Marks include the service mark KITCHEN SOLVERS, as well as other trademarks, service marks, trade names and commercial symbols that Kitchen Solvers designates.
This is a significant point for prospective franchisees because it clarifies that Kitchen Solvers, not the franchisee, will manage any legal disputes concerning the brand's trademarks. While franchisees are obligated to promptly notify Kitchen Solvers of any infringement or unauthorized use of the Marks they become aware of, they do not have the power to independently initiate or control litigation.
Furthermore, Kitchen Solvers is not obligated to protect franchisees against infringement or unfair competition claims arising out of the franchisee's use of the Marks, or to participate in their defense or indemnify them. If Kitchen Solvers determines that a trademark infringement action requires changes or substitutions to the Marks, the franchisee must make these changes at their own expense. However, in the limited circumstance that a franchisee must change the Trademarks in response to a third-party claim that its rights to use the Trademarks are superior to Kitchen Solver's rights, Kitchen Solvers will reimburse the franchisee for any new signage that Kitchen Solvers determines is necessary, provided the franchisee has cooperated with any action Kitchen Solvers undertakes with regard to the third party claim. This allocation of control and responsibility is typical in franchising, where the franchisor maintains brand standards and protects its intellectual property.
In summary, while franchisees benefit from using Kitchen Solvers's established trademarks, they must also adhere to the franchisor's decisions regarding trademark protection and litigation. Franchisees bear the cost of changes to signage unless the changes are due to a third-party claim, in which case Kitchen Solvers may reimburse for new signage.