With whom is a Monicals Pizza franchisee prohibited from communicating regarding an infringement of the Marks, other than the Franchisor and Franchisor's counsel?
Monicals_Pizza Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee's right to use the Marks is derived solely from this Agreement, is non-exclusive and is limited to the conduct of business by Franchisee pursuant to, and in compliance with, this Agreement and all applicable standards, specifications and operating procedures prescribed from time to time by Franchisor. Any unauthorized use of the Marks by Franchisee is a breach of this Agreement and an infringement of the rights of Franchisor in and to the Marks. Franchisee's use of the Marks, and any goodwill created thereby, shall inure to the benefit of Franchisor. Franchisee shall not at any time acquire an ownership interest in the Marks by virtue of any use it may make of the Marks. This Agreement does not confer any goodwill, title or interest in the Marks to Franchisee. Franchisee shall not, at any time during the term of this Agreement or after its termination or expiration, contest the validity or ownership of any of the Marks or assist any other person in contesting the validity or ownership of any of the Marks.
Source: Item 23 — RECEIPTS (FDD pages 46–257)
What This Means (2025 FDD)
Based on the 2025 Monicals Pizza Franchise Disclosure Document, franchisees are required to notify the franchisor of any potential infringements or claims against the Monicals Pizza marks.
The FDD excerpt does not explicitly state with whom a franchisee is prohibited from communicating regarding an infringement of the Marks, other than the Franchisor and Franchisor's counsel. However, it emphasizes that any unauthorized use of the Marks is a breach of the agreement and an infringement of the franchisor's rights. Franchisees are granted a limited, non-exclusive right to use the Marks strictly in compliance with the franchise agreement and the franchisor's standards.
Given this emphasis on protecting the Marks and the franchisor's control over their use, it is implied that franchisees should not communicate with third parties about potential infringements without the franchisor's consent. This is to ensure that the franchisor maintains control over the legal strategy and public messaging related to the Marks. A prospective franchisee should clarify with the franchisor during their due diligence process the specific protocols for handling infringement matters and whether there are any restrictions on communicating with outside parties.