Does Pearce Bespoke participate in the franchisee's defense against copyright infringement claims?

According to Pearce Bespoke's 2025 Franchise Disclosure Document, Pearce Bespoke does not contractually commit to participate in a franchisee's defense against copyright infringement claims. Specifically, Pearce Bespoke does not contract with individual franchisees to protect copyrights, defend against infringement claims arising from the franchisee's use of copyrights, or indemnify the franchisee. This means that if a franchisee faces a copyright infringement claim related to their Pearce Bespoke franchise, they will likely be responsible for their own defense.

However, Pearce Bespoke retains control over any copyright litigation related to its own copyrights. The document states that Pearce Bespoke reserves the right to control any copyright litigation and will be the sole judge as to whether any suit will be brought or settled when any person or entity infringes Pearce Bespoke's copyrights. This indicates that Pearce Bespoke is primarily concerned with protecting its own intellectual property rather than providing direct legal support to franchisees in infringement cases against them.

While Pearce Bespoke does not contractually commit to defending franchisees, Item 22, section F, Litigation, states that the franchisee must notify Pearce Bespoke immediately of any claims or complaints made against the franchisee respecting the Marks and will, at its expense, cooperate in all respects with Pearce Bespoke 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. This section refers to trademark litigation, not copyright litigation. A prospective franchisee should clarify with Pearce Bespoke the extent to which Pearce Bespoke might offer assistance or guidance in such situations, even if not legally obligated.