What action must a Monicals Pizza franchisee take if they become aware of an infringement of the Monicals Pizza Marks?
Monicals_Pizza Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee shall immediately notify Franchisor of any infringement of the Marks or challenge to its use of any of the Marks or claim by any person of any rights in any of the Marks. Franchisee shall not communicate with any person other than Franchisor and Franchisor's counsel in connection with any such infringement, challenge or claim; provided, however, Franchisee may communicate with Franchisee's counsel at Franchisee's expense. Franchisor shall have the right to take such action as deemed appropriate and the right to exclusively control any litigation or other proceeding arising out of any infringement, challenge, or claim or otherwise relating to any of the Marks. Franchisee shall execute any and all instruments and documents, render such assistance, and do such acts and things as may, in the opinion of Franchisor's counsel, be necessary or advisable to protect and maintain Franchisor's interests in any such litigation or other proceeding or to otherwise protect and maintain Franchisor's interest in the Marks.
Source: Item 23 — RECEIPTS (FDD pages 46–257)
What This Means (2025 FDD)
According to the 2025 Monicals Pizza Franchise Disclosure Document, if a franchisee becomes aware of any infringement of the Monicals Pizza marks, they must immediately notify Monicals Pizza. The franchisee is prohibited from communicating with any party other than Monicals Pizza and its counsel regarding the infringement, though they may consult with their own counsel at their own expense.
Monicals Pizza retains the exclusive right to control any litigation or proceedings related to the infringement of its marks. The franchisee is obligated to provide any necessary documents, assistance, and actions deemed necessary by Monicals Pizza's counsel to protect and maintain Monicals Pizza's interests in any litigation or proceeding related to the marks.
This clause ensures that Monicals Pizza maintains complete control over the protection of its brand and trademarks. By requiring franchisees to report infringements and cooperate with legal proceedings, Monicals Pizza aims to prevent unauthorized use of its marks and maintain brand consistency. The franchisee's role is primarily to report and assist, while Monicals Pizza manages the legal aspects of protecting its intellectual property.