With whom is a Noodles & Company franchisee prohibited from communicating regarding any infringement of a Mark, other than their legal counsel, Noodles & Company, or their affiliate?
Noodles_Company Franchise · 2025 FDDAnswer from 2025 FDD Document
You must immediately notify us of any apparent infringement of or challenge to your use of any Mark or claim by any person of any rights to any Mark, and you must not communicate with any person other than your legal counsel, us, our affiliate, if applicable, and our respective legal counsel regarding any infringement, challenge or claim. We, and our affiliate, if applicable, will have sole discretion to take any action we deem appropriate and will have the right to control exclusively any litigation or USPTO or other administrative proceeding arising out of any infringement, challenge or claim or otherwise pertaining to any Mark. You must sign all instruments and documents, provide assistance and do all acts and things as, in the opinion of our, or our affiliate's, if applicable, legal counsel, may be necessary or advisable to protect our, or our applicable affiliate's, interests in any litigation or USPTO or other administrative proceeding or otherwise to protect its interests in the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 53–58)
What This Means (2025 FDD)
According to the 2025 Noodles & Company Franchise Disclosure Document, a franchisee is restricted in who they can communicate with regarding any trademark infringements or challenges. Specifically, if a franchisee notices any apparent infringement, challenge to the use of any Mark, or claim by any person of any rights to any Mark, they must immediately notify Noodles & Company.
The franchisee is explicitly prohibited from communicating with any person other than their own legal counsel, Noodles & Company itself, Noodles & Company's affiliate (if applicable), and Noodles & Company's legal counsel regarding any infringement, challenge, or claim. This restriction ensures that Noodles & Company maintains control over any legal proceedings related to its trademarks.
Noodles & Company retains sole discretion to take any action it deems appropriate and has the right to exclusively control any litigation or proceedings with the USPTO (United States Patent and Trademark Office) or other administrative actions arising from any infringement, challenge, or claim pertaining to any Mark. The franchisee is obligated to sign all necessary documents, provide assistance, and perform all actions deemed necessary by Noodles & Company's legal counsel to protect the company's interests in any legal matters related to the Marks. This clause emphasizes the franchisee's responsibility to cooperate fully with Noodles & Company in protecting its trademarks, while limiting the franchisee's autonomy in managing potential legal disputes.