What is covered under Section 3.F of the Pearce Bespoke Franchise Agreement regarding Litigation?
Pearce_Bespoke Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee will not, without Franchisor's prior written consent, defend, or enforce any of the Marks in any court or other proceedings for or against imitation, infringement, any claim of prior use, or for any other allegation. Franchisee will, however, immediately notify Franchisor of any claims or complaints made against Franchisee respecting the Marks and will, at its expense, cooperate in all respects with Franchisor in any court or other proceedings involving the Marks. Franchisor will pay the cost and expense of all litigation Franchisor incurs, including attorneys' fees, specifically relating to the Marks. Franchisor and its legal counsel will have the right to control and conduct any litigation relating to the Marks.
Source: Item 22 — CONTRACTS (FDD page 39)
What This Means (2025 FDD)
According to the 2025 Pearce Bespoke Franchise Disclosure Document, Section F of Item 22 discusses litigation related to the brand's Marks. Specifically, a Pearce Bespoke franchisee cannot, without the prior written consent of Pearce Bespoke, defend or enforce any of the Marks in any court or other proceedings against imitation, infringement, any claim of prior use, or for any other allegation.
However, the franchisee must immediately notify Pearce Bespoke of any claims or complaints made against them regarding the Marks. The franchisee is also required to cooperate with Pearce Bespoke in any court or other proceedings involving the Marks, and this cooperation is at the franchisee's expense.
Pearce Bespoke will cover the costs and expenses of all litigation it incurs, including attorney's fees, specifically related to the Marks. Pearce Bespoke and its legal counsel have the right to control and conduct any litigation relating to the Marks. This section outlines the responsibilities and rights of both the franchisee and franchisor in the event of litigation involving Pearce Bespoke's Marks, ensuring the brand maintains control over its intellectual property while requiring franchisees to report and assist in any related legal matters.