What must a 7 Brew franchisee do if they notice an infringement to their use of any Mark?
7_Brew Franchise · 2025 FDDAnswer from 2025 FDD Document
titute trademark or service mark.
You must notify us immediately of any actual or apparent infringement or challenge to your use of any Mark, any person's claim of any rights in any Mark (or any identical or confusingly similar trademark), or unfair competition relating to any Mark. You may not communicate with any person other than us and Brew Culture, LLC, our respective attorneys, and your attorneys regarding any infringement, challenge, or claim. We and Brew Culture, LLC have the right to take the action we or it deems appropriate (including no action) and control exclusively any litigation, USPTO proceeding, or other administrative proceeding or enforcement action arising from any infringement, challenge, or claim or otherwise concerning any Mark. You must sign any
documents and take any other reasonable actions that we and our, and Brew Culture, LLC's, attorneys deem necessary or advisable to protect and maintain our and its interests in any litigation or USPTO or other proceeding or enforcement action or otherwise to protect and maintain our and Brew Culture, LLC's interests in the Marks.
We will reimburse your damages and expenses incurred in any trademark infringement proceeding disputing your authorized use of any Mark, provided your use has been consistent with the Franchise Agreement, the Operations Manual, and Brand Standards communicated to you and you have timely notified us of, and complied with our directions in responding to, the proceeding. At our option, we and/or our affiliates have the right to defend and control the defense of any proceeding arising from or relating to your use of any Mark.
The DRR does not grant you the right to use the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 49–51)
What This Means (2025 FDD)
According to 7 Brew's 2025 Franchise Disclosure Document, franchisees are required to immediately notify 7 Brew of any actual or apparent infringement or challenge to their use of any Mark. This includes any person's claim of rights in any Mark that is identical or confusingly similar, or any unfair competition related to any Mark. The franchisee is restricted from communicating with anyone other than 7 Brew, Brew Culture, LLC, their respective attorneys, and the franchisee's own attorneys regarding the infringement, challenge, or claim. This ensures that 7 Brew and its parent company maintain control over the response to any potential trademark issues.
7 Brew and Brew Culture, LLC, have the exclusive right to decide what action to take, including taking no action at all. They also control any litigation, USPTO proceedings, or other administrative or enforcement actions related to the infringement, challenge, or claim concerning any Mark. This means that franchisees cannot independently pursue legal action or other remedies to protect the Marks.
Furthermore, the 7 Brew franchisee must sign any documents and take any other reasonable actions deemed necessary or advisable by 7 Brew's and Brew Culture, LLC's attorneys to protect and maintain their interests in any litigation, USPTO, or other proceeding or enforcement action. This obligation extends to protecting and maintaining 7 Brew's and Brew Culture, LLC's interests in the Marks generally. This requirement ensures that the franchisee actively supports 7 Brew and Brew Culture, LLC in protecting their trademark rights.
In the event of a trademark infringement proceeding disputing a franchisee's authorized use of any Mark, 7 Brew will reimburse the franchisee's damages and expenses, provided the franchisee's use has been consistent with the Franchise Agreement, the Operations Manual, and Brand Standards, and that the franchisee has timely notified 7 Brew and complied with their directions in responding to the proceeding. 7 Brew and/or its affiliates have the right to defend and control the defense of any proceeding arising from or relating to the franchisee's use of any Mark.