With whom is a Petro Stopping Center franchisee prohibited from communicating regarding an infringement or challenge to a Mark or Copyright, besides Petro Stopping Center's attorneys and their own attorneys?
Petro_Stopping_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
You must provide written notice to us of any such claim within 10 days of your receipt of such notice and you must tender the defense of the claim to us.
We will have the right to defend any such claim and if we do so, we will have no obligation to indemnify or reimburse you for any fees or disbursements of any attorney retained by you.
If we elect to defend the claim, we will have the right to manage the defense of the claim including the right to
compromise, settle or otherwise resolve the claim, and to determine whether to appeal a final determination of the claim.
Source: Item 14 — Other investments (FDD pages 131–208)
What This Means (2025 FDD)
The 2025 Franchise Disclosure Document does not explicitly state with whom a Petro Stopping Center franchisee is prohibited from communicating regarding an infringement or challenge to a Mark or Copyright, besides Petro Stopping Center's attorneys and their own attorneys. However, the FDD does state that the franchisee must provide written notice to Petro Stopping Center of any claim of infringement within 10 days of receipt and must tender the defense of the claim to them.
This implies that all communication regarding such matters should primarily be directed to Petro Stopping Center. The FDD outlines the franchisor's right to defend any claim and manage the defense, including settling or appealing the claim. If Petro Stopping Center chooses to defend the claim, they are not obligated to reimburse the franchisee for attorney fees if the franchisee retains their own attorney.
A prospective franchisee should seek clarification from Petro Stopping Center regarding the specific communication protocols to follow in the event of an infringement claim to ensure compliance with the franchise agreement and to protect their interests.