Can a My Salon Suite franchisee directly or indirectly contest My Salon Suite's rights to its Copyrighted Materials, Confidential Information, or Trade Secrets?
My_Salon_Suite Franchise · 2025 FDDAnswer from 2025 FDD Document
You must notify us within three (3) days after you learn about another's use of language, a visual image, or a recording of any kind that you perceive to be identical or substantially similar to one of our Copyrighted Materials, or use of our Confidential Information or Trade Secrets, or if someone challenges your use of our Copyrighted Materials, Confidential Information, or Trade Secrets. We will take whatever action we deem appropriate, in our sole and absolute discretion, to protect our rights in and to the Copyrighted Materials, Confidential Information, or Trade Secrets, which may include payment of reasonable costs associated with the action. However, the Franchise Agreement does not require us to take affirmative action in response to any apparent infringement of, or challenge to, your use of any Copyrighted Materials, Confidential Information, or Trade Secrets, or claim by any person of any rights in any Copyrighted Materials, Confidential Information, or Trade Secrets. You must not directly or indirectly contest our rights to our Copyrighted Materials, Confidential Information, or Trade Secrets. You may not communicate with anyone except us, our counsel, or our designees regarding any infringement, challenge, or claim. We will act as we deem appropriate regarding any infringement, challenge, or claim, and the sole right to control exclusively any litigation or other proceeding arising out of any infringement, challenge, or claim under any Copyrighted Materials, Confidential Information, or Trade Secrets. You must sign all instruments and documents, give assistance, and do acts and things that may, in the opinion of our counsel, be necessary to protect and maintain our interests in any litigation or proceeding or to protect and maintain our interests in the Copyrighted Materials, Confidential Information, or Trade Secrets.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 59–60)
What This Means (2025 FDD)
According to My Salon Suite's 2025 Franchise Disclosure Document, franchisees are explicitly prohibited from directly or indirectly contesting My Salon Suite's rights to its Copyrighted Materials, Confidential Information, or Trade Secrets. This restriction is a standard practice in franchising, designed to protect the franchisor's intellectual property and brand identity.
The FDD also states that franchisees must notify My Salon Suite within three days if they become aware of any potential infringement or challenges to these proprietary assets. While franchisees are obligated to report such issues, My Salon Suite retains sole discretion over the actions taken to protect its rights. This means My Salon Suite is not obligated to take any specific action, even if an infringement or challenge is reported.
Furthermore, the franchisee must sign all documents and provide assistance deemed necessary by My Salon Suite's counsel to protect the franchisor's interests in any related litigation or proceedings. The franchisee is limited to communicating only with My Salon Suite, its counsel, or designees regarding any infringement, challenge, or claim. This ensures that My Salon Suite maintains complete control over the legal strategy and public communication related to its intellectual property.