Does Kitchen Solvers have the right to control litigation related to patents and copyrights?
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 any patents or copyrights, or to participate in your defense or indemnify you. We reserve the right to control any litigation related to any patents and copyrights and we have the sole right to decide to pursue or settle any infringement actions related to the patents or copyrights. You must notify us promptly of any infringement or unauthorized use of the Marks of which you become aware.
Source: Item 14 — Patents, Copyrights, and Proprietary Information (FDD pages 34–35)
What This Means (2025 FDD)
According to Kitchen Solvers's 2025 Franchise Disclosure Document, Kitchen Solvers retains the right to control any litigation pertaining to patents and copyrights. This means Kitchen Solvers has the authority to decide whether to pursue, settle, or take any other action related to infringement of their patents or copyrights.
For a prospective franchisee, this indicates that Kitchen Solvers will manage any legal actions concerning the patents and copyrights, and the franchisee is obligated to notify Kitchen Solvers promptly of any infringement or unauthorized use of the marks they become aware of. The franchisee does not have the right to independently pursue legal action related to these intellectual property matters.
This is a common arrangement in franchising, as franchisors typically want to maintain control over their intellectual property. It ensures consistent management and protection of the brand's assets. However, it also means that franchisees must rely on Kitchen Solvers to take appropriate action if infringement occurs, and they have limited direct recourse.