Who controls litigation arising from infringement of Sonesta Simply Suites Marks or Copyrighted Material?
Sonesta_Simply_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
You agree to notify us immediately of any apparent infringement or challenge to your use of any Mark or Copyrighted Material, or of any person's claim of any rights in any Mark or Copyrighted Material, and not to communicate with any person other than us, our attorneys, and your attorneys, regarding any infringement, challenge, or claim.
We and our affiliates may take the action we deem appropriate (including no action) and control exclusively any litigation, U.S. Patent and Trademark Office proceeding, U.S. Copyright Office proceeding, or other administrative proceeding arising from any infringement, challenge, or claim or otherwise concerning any Mark or Copyrighted Material.
You agree to sign any documents and take any other reasonable action that, in the opinion of our and our affiliates' attorneys, are necessary or advisable to protect and maintain our and our affiliates' interests in any litigation or U.S. Patent and Trademark Office, U.S. Copyright Office or other proceeding, or otherwise to protect and maintain our and our affiliates' interests in the Marks and Copyrighted Materials.
We will reimburse you for your reasonable costs of taking any action that we or our affiliates have asked you to take.
- G. Indemnification for Use of Marks. We agree to reimburse you for all damages and reasonable expenses that you incur in any trademark infringement proceeding disputing your authorized use of any Mark under this Agreement if you have timely notified us of, and comply with our directions in responding to, the proceeding.
At our option, we and our affiliates may defend and control the defense of any proceeding arising from your use of any Mark under this Agreement.
Source: Item 22 — CONTRACTS (FDD pages 79–80)
What This Means (2025 FDD)
According to Sonesta Simply Suites' 2025 Franchise Disclosure Document, Sonesta RL Hotels Franchising Inc. and its affiliates maintain exclusive control over any litigation, U.S. Patent and Trademark Office proceedings, U.S. Copyright Office proceedings, or other administrative proceedings that arise from infringement, challenges, or claims concerning any Mark or Copyrighted Material. This means that Sonesta Simply Suites, as the franchisor, decides on the appropriate course of action, including whether or not to pursue legal action.
As a Sonesta Simply Suites franchisee, you are required to immediately notify Sonesta RL Hotels Franchising Inc. of any apparent infringement or challenge to your use of any Mark or Copyrighted Material, or any claim of rights by another person. You are not allowed to communicate with anyone other than Sonesta RL Hotels Franchising Inc., their attorneys, or your own attorneys regarding any infringement, challenge, or claim. You also agree to sign any documents and take any reasonable action that Sonesta RL Hotels Franchising Inc. and its affiliates' attorneys deem necessary to protect their interests in any litigation or proceedings.
Sonesta RL Hotels Franchising Inc. will reimburse you for reasonable costs incurred if they or their affiliates ask you to take any action related to such legal matters. Additionally, Sonesta RL Hotels Franchising Inc. will reimburse you for all damages and reasonable expenses that you incur in any trademark infringement proceeding disputing your authorized use of any Mark, provided you have notified them promptly and comply with their directions in responding to the proceeding. At their option, Sonesta RL Hotels Franchising Inc. and its affiliates may defend and control the defense of any proceeding arising from your use of any Mark under the Franchise Agreement.
This arrangement is typical in franchising, as it allows the franchisor to protect the brand's intellectual property consistently across all franchise locations. While the franchisee is responsible for notifying the franchisor of any potential infringements, the franchisor retains control over the legal strategy and proceedings. This ensures a unified approach to protecting the brand's trademarks and copyrighted materials.