Is a Bang Cookies franchisee required to sign documents to protect Bang Cookies' interests in the Licensed Marks?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
You are required to provide us with written notice of any claims that you may become aware of respecting the Licensed Marks, including your use of the Licensed Marks and/or any claim associated with a third party's use of a trademark that is identical or confusingly similar to the Licensed Marks. We maintain the exclusive discretion to take any and all actions, or to refrain from any action, that we believe to be appropriate in response to any trademark infringement, challenge or claim. As between us, we possess the sole right to exclusively control any and all litigation, legal proceedings, administrative proceedings and/or settlement(s) involving any actual or alleged infringement, challenge or claim relating to the Licensed Marks. You must sign all documents, instruments and agreements and undertake the actions that we, with
the advice of our legal counsel, determine to be necessary or advisable for the protection and/or maintenance of our interests in the Licensed Marks in any legal proceeding, administrative proceeding or as may be otherwise determined by us. As to the foregoing, we will reimburse you for the reasonable out-of-pocket administrative expenses that you incur and pay in complying with our written instructions.
Source: Item 13 — TRADEMARKS (FDD pages 38–39)
What This Means (2024 FDD)
According to Bang Cookies' 2024 Franchise Disclosure Document, franchisees are required to sign documents to protect Bang Cookies' interests in the Licensed Marks. Specifically, the FDD states that franchisees must sign all documents, instruments, and agreements that Bang Cookies, with the advice of its legal counsel, deems necessary or advisable for the protection and maintenance of its interests in the Licensed Marks in any legal or administrative proceeding. This obligation extends to actions determined necessary by Bang Cookies.
This requirement means that as a Bang Cookies franchisee, you must cooperate fully with Bang Cookies in any legal or administrative matters related to the brand's trademarks. This could involve signing affidavits, declarations, or other legal documents as directed by Bang Cookies and its legal team. Failure to comply with this requirement could potentially lead to a breach of the franchise agreement.
Bang Cookies will reimburse franchisees for reasonable out-of-pocket administrative expenses incurred while complying with these written instructions. This suggests that while franchisees are responsible for signing the necessary documents, Bang Cookies will cover the direct costs associated with doing so. This is a fairly standard practice in franchising, as franchisors typically require franchisees to assist in protecting the brand's trademarks, but also often provide some level of financial support for these activities.