Who has the right to control and conduct any litigation relating to the Marks for Pearce Bespoke?
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, Pearce Bespoke retains the right to control and conduct any litigation relating to its Marks. While the franchisee is required to notify Pearce Bespoke of any claims or complaints against them regarding the Marks and cooperate with Pearce Bespoke in any legal proceedings, the franchisor has the ultimate authority in these matters. Pearce Bespoke will also cover the costs and expenses of any litigation they incur related to the Marks, including attorney's fees.
This arrangement is typical in franchising, as the franchisor needs to protect its brand and trademarks consistently across all franchise locations. By retaining control over litigation, Pearce Bespoke can ensure a unified legal strategy and protect the overall value of its brand.
For a prospective franchisee, this means they will not have the autonomy to independently pursue or defend legal claims related to the Pearce Bespoke Marks. Instead, they must rely on Pearce Bespoke to take appropriate action. It is important for franchisees to promptly report any potential infringement or claims to Pearce Bespoke to ensure the brand's interests are protected. Franchisees should also be aware that they are responsible for cooperating with Pearce Bespoke in any litigation, which may involve providing information or assistance as needed.