Regarding trademark infringements, challenges, or claims, are Sonesta Simply Suites franchisees permitted to communicate with other parties?
Sonesta_Simply_Suites Franchise · 2025 FDDAnswer from 2025 FDD Document
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 Marks. We and our affiliates will take the action we and they consider appropriate (including no action) 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 Marks 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 Marks will be for our account.
Source: Item 13 — TRADEMARKS (FDD pages 62–64)
What This Means (2025 FDD)
According to Sonesta Simply Suites's 2025 Franchise Disclosure Document, franchisees are explicitly prohibited from communicating with other parties regarding any trademark infringements, challenges, or claims. Instead, Sonesta Simply Suites and its affiliates retain the exclusive right to handle any disputes concerning the brand's marks. This includes deciding on appropriate actions, or even choosing not to take any action at all.
This policy means that if a Sonesta Simply Suites franchisee becomes aware of a potential trademark issue, they must immediately notify Sonesta Simply Suites. However, they cannot discuss the matter with anyone else, including other franchisees, legal counsel, or third parties, without the express consent of Sonesta Simply Suites. The franchisee is obligated to fully cooperate with Sonesta Simply Suites and must sign any documents deemed necessary to protect the trademarks, assigning any related claims to the company.
The decision regarding the prosecution, defense, and settlement of any trademark dispute rests solely with Sonesta Simply Suites, and their decision is final. Any monetary recoveries resulting from these disputes will be for the benefit of Sonesta Simply Suites. This approach centralizes control over trademark issues, ensuring consistent handling and protection of the brand's intellectual property. While this protects the brand, it also limits the franchisee's autonomy in addressing potential trademark concerns, making it essential for franchisees to trust Sonesta Simply Suites's judgment and expertise in these matters.