Who has the right to control the defense of any copyright proceeding related to Potbelly Sandwich Works?
Potbelly_Sandwich_Works Franchise · 2025 FDDAnswer from 2025 FDD Document
We and PSW, LLC need not protect or defend copyrights, although we intend to do so if in the Potbelly system's best interests. We need not defend you, or participate in your defense, against claims arising from your use of our copyrights or indemnify you for expenses or damages you incur in a copyright proceeding. We and PSW, LLC have the right to control the prosecution or defense of any copyright proceeding, whether we learn of the matter from you or on our own.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 54–55)
What This Means (2025 FDD)
According to Potbelly Sandwich Works' 2025 Franchise Disclosure Document, Potbelly Sandwich Works, LLC, and Potbelly Sandwich Works itself have the right to control the prosecution or defense of any copyright proceeding. This holds true regardless of whether they learn about the matter from the franchisee or independently.
This means that if a copyright dispute arises related to the Potbelly system, Potbelly Sandwich Works maintains the authority to decide how the case is handled. The franchisee must relinquish control of the legal process to Potbelly Sandwich Works.
It is important to note that Potbelly Sandwich Works is not obligated to defend the franchisee or participate in their defense against copyright claims, nor are they required to cover any expenses or damages the franchisee incurs during such a proceeding. This places the financial burden and risk of copyright litigation squarely on the franchisee, even though Potbelly Sandwich Works controls the legal strategy.