Are there any circumstances under which the Kitchen Solvers franchisee in Minnesota would be responsible for the cost of defending an infringement claim?
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 Kitchen Solvers' 2025 Franchise Disclosure Document, an addendum specific to Minnesota addresses responsibility for defending infringement claims. Specifically, Kitchen Solvers will undertake the defense of any claim of infringement involving the Kitchen Solvers mark. The franchisee is required to cooperate with the defense in a reasonable manner as prescribed by Kitchen Solvers. The direct costs of such cooperation will be borne by Kitchen Solvers, meaning the franchisee will not be responsible for these costs. This addendum modifies the standard franchise agreement to comply with Minnesota statutes and regulations, ensuring that franchisees in Minnesota are not unfairly burdened with the costs of defending the Kitchen Solvers mark against infringement claims.
This protection is further reinforced by another statement within the Minnesota addendum, which states that Kitchen Solvers will protect the franchisee's right to use the Kitchen Solvers marks or indemnify them from any loss, costs, or expenses arising out of any claim, suit, or demand regarding the use of the name to the extent required by Minn. Stat. Sec. 80C.12, Subd.1(g). This clause provides an additional layer of security for the franchisee, ensuring that Kitchen Solvers stands behind its brand and protects its franchisees from legal challenges related to trademark usage.
These provisions are particularly important for prospective franchisees in Minnesota as they clarify the financial responsibilities related to potential trademark infringement claims. Typically, franchise agreements may place some burden on the franchisee to cover legal costs or contribute to the defense. However, in Minnesota, Kitchen Solvers explicitly assumes the responsibility for defending the trademark and covering the direct costs associated with the franchisee's cooperation. This offers a significant advantage and reduces the financial risk for franchisees operating in this state.