If I notify Sonesta Simply Suites of a copyright infringement, can Sonesta Simply Suites choose to take no action?
Sonesta_Simply_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
You must immediately notify us of any apparent infringement of or challenge to your use of any copyrighted materials. We may take any action we think appropriate (including no action), and at our option we may control any litigation or administrative proceeding.
You may not communicate with any other person regarding any such infringement, challenges, or claims and only we and our affiliates will have the right to handle disputes concerning the copyrighted materials. We and our affiliates will take the action we and they consider appropriate with respect to such challenges and claims. You must extend your full cooperation to us and our affiliates in these matters. You must sign any documents we believe are necessary to obtain protection for the copyrighted materials and assign to us any claims you may have related to these matters. Our decision as to the prosecution, defense and settlement of the dispute will be final. All recoveries made as a result of disputes with third parties regarding the copyrighted marks will be for our account. We are not obligated to indemnify you for damages related to use of our copyrighted materials, but we will reimburse you for your costs of taking any action that we or our affiliates have asked you to take in any litigation or proceeding.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 64–65)
What This Means (2025 FDD)
According to Sonesta Simply Suites' 2025 Franchise Disclosure Document, if a franchisee notifies Sonesta Simply Suites of a copyright infringement, Sonesta Simply Suites has the option to take no action. Specifically, Sonesta Simply Suites retains the right to decide what actions, if any, to take regarding such claims.
This means that as a Sonesta Simply Suites franchisee, you are obligated to inform Sonesta Simply Suites of any potential copyright infringements related to the operation of your hotel. However, Sonesta Simply Suites is not obligated to pursue legal action or take any other steps to address the infringement. This decision rests solely with Sonesta Simply Suites.
This clause is significant because it limits the franchisee's control over protecting the brand's copyrighted materials. While the franchisee is required to report infringements, they have no say in how Sonesta Simply Suites chooses to handle the situation. This could potentially leave the franchisee feeling vulnerable if they believe an infringement is harming their business but Sonesta Simply Suites decides not to act.