Who controls litigation related to trademark infringement for Surestay Hotel By Best Western?
Surestay_Hotel_By_Best_Western Franchise · 2025 FDDAnswer from 2025 FDD Document
You must notify us immediately of any apparent infringement or challenge to your use of any Mark, or of any person's claim of any rights in any Mark, and you may not communicate with any person other than us, our attorneys, and your attorneys, regarding any infringement, challenge, or claim. We may take the action we deem appropriate (including no action) and control exclusively any litigation, USPTO proceeding, or other administrative proceeding arising from any infringement, challenge, or claim. You must assist us in protecting and maintaining our interests in any litigation or USPTO proceeding or other administrative proceeding. We will reimburse you for expenses incurred
by you as the direct result of activities undertaken by you at our prior written request and specifically relating to the trademark dispute at issue. We will not reimburse you for any other expenses incurred by you for cooperating with us or our affiliates. You must timely notify us and comply with our directions in response to a trademark infringement proceeding that disputes your authorized use of the Marks and we may, at our option, defend and/or control the defense of any proceeding arising from your use of any Mark.
Source: Item 13 — Trademarks (FDD pages 61–63)
What This Means (2025 FDD)
According to Surestay Hotel By Best Western's 2025 Franchise Disclosure Document, the franchisor maintains exclusive control over litigation, USPTO proceedings, or other administrative proceedings arising from any trademark infringement, challenge, or claim. This means that Surestay Hotel By Best Western, not the franchisee, decides on the appropriate course of action, including whether or not to pursue legal action.
The FDD stipulates that franchisees must immediately notify Surestay Hotel By Best Western of any apparent infringement or challenge to the use of any Mark or any claim of rights to a Mark. Franchisees are prohibited from communicating with any party other than Surestay Hotel By Best Western, its attorneys, and their own attorneys regarding any infringement, challenge, or claim. This ensures that Surestay Hotel By Best Western maintains a unified and consistent approach to protecting its trademarks.
While Surestay Hotel By Best Western controls the litigation, franchisees are required to assist in protecting and maintaining the franchisor's interests in any litigation, USPTO proceeding, or other administrative proceeding. Surestay Hotel By Best Western will reimburse franchisees for expenses incurred as a direct result of activities undertaken at the franchisor's prior written request and specifically related to the trademark dispute. However, franchisees are not reimbursed for any other expenses incurred for cooperating with Surestay Hotel By Best Western or its affiliates.
Furthermore, if a trademark infringement proceeding disputes a franchisee's authorized use of the Marks, the franchisee must promptly notify Surestay Hotel By Best Western and comply with their directions. Surestay Hotel By Best Western has the option to defend and/or control the defense of any proceeding arising from the franchisee's use of any Mark. This arrangement is typical in franchising, as franchisors need to protect their brand's trademarks consistently across all franchise locations.