Does the Franchise Agreement require Basecamp Fitness to take any specific affirmative action to prevent unauthorized use of its marks?
Basecamp_Fitness Franchise · 2025 FDDAnswer from 2025 FDD Document
We will protect and maintain all rights to use our Marks against encroachment, misuse or unauthorized use and against all challenges to any rights of its use, as we deem appropriate. You must notify us immediately when you learn about an infringement of or challenge to your use of our Marks. We may take the action necessary, in our sole discretion, to prevent the unauthorized use of our Marks, including bringing actions against third parties regarding the use of any of our Marks, but the Franchise Agreement does not require us to take any specific affirmative action. We will control any administrative proceedings or litigation involving our Marks. You must cooperate with us and take all actions as may be desirable in the opinion of our counsel to carry out the defense or prosecution. While we are not required to defend you against a claim based on your use of our Marks, we will either do so, or we will reimburse you for your liability as long as you properly use our Marks, including against claims of infringement or unfair competition arising out of your use of the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 48–50)
What This Means (2025 FDD)
According to Basecamp Fitness's 2025 Franchise Disclosure Document, while Basecamp Fitness states that it will protect and maintain all rights to use their marks against unauthorized use, the Franchise Agreement does not require them to take any specific affirmative action. However, Basecamp Fitness may take action it deems necessary to prevent unauthorized use of its marks, including bringing actions against third parties.
Basecamp Fitness requires franchisees to notify them immediately if they learn of any infringement or challenges to the use of Basecamp Fitness's marks. Franchisees are required to cooperate with Basecamp Fitness and take actions deemed necessary by their counsel to defend or prosecute the marks.
Although Basecamp Fitness is not required to defend franchisees against claims based on their use of the marks, they will either do so or reimburse the franchisee for their liability as long as the franchisee properly uses the marks. This includes claims of infringement or unfair competition arising out of the use of the marks. Franchisees must also use the designations of ®, ™, and SM in advertising and promotions using Basecamp Fitness's marks.