When must a 7 Brew franchisee notify 7 Brew of any actual or apparent infringement or challenge to the use of any Mark?
7_Brew Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 13 — TRADEMARKS (FDD pages 49–51)
What This Means (2025 FDD)
According to the 2025 7 Brew Franchise Disclosure Document, a franchisee must notify 7 Brew immediately of any actual or apparent infringement or challenge to the use of any Mark. This includes any person's claim of any rights in any Mark, or any identical or confusingly similar trademark, or unfair competition relating 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 attorneys regarding any infringement, challenge, or claim.
7 Brew and Brew Culture, LLC, have the right to take any action they deem appropriate, including no action, and they exclusively control any litigation, USPTO proceeding, or other administrative proceeding or enforcement action arising from any infringement, challenge, or claim concerning any Mark. The franchisee is obligated to sign any documents and take any other reasonable actions that 7 Brew and Brew Culture, LLC's attorneys deem necessary to protect and maintain their interests in any litigation, USPTO, or other proceeding or enforcement action, or otherwise to protect and maintain their interests in the Marks.
This immediate notification requirement is a standard practice in franchising, as it allows the franchisor to take swift action to protect its brand and trademarks. Failure to notify 7 Brew immediately could result in the franchisee being held liable for any damages resulting from the infringement or challenge. It is important for prospective franchisees to understand this obligation and to have procedures in place to ensure that any potential infringements or challenges are reported to 7 Brew promptly.