What should I do if I learn about an infringement of the Bath Tune Up trademarks?
Bath_Tune_Up Franchise · 2025 FDDAnswer from 2025 FDD Document
You must notify us immediately if you learn about an infringement of or challenge to your use of our Marks. We will take the action we think appropriate. We will defend you against any claim against you because of your authorized use of our Marks or any judgment resulting from a claim, suit or demand arising from your use of the Marks according to the terms of the franchise agreement except a claim by a prior user of the name "BATH TUNE-UP®". We control any administrative proceedings or litigation involving a trademark we license to you.
You must modify or discontinue the use of our Marks at your own expense if we modify or discontinue them. You may not directly or indirectly contest our right to our Marks.
Source: Item 13 — TRADEMARKS (FDD pages 36–37)
What This Means (2025 FDD)
According to Bath Tune Up's 2025 Franchise Disclosure Document, if a franchisee becomes aware of any infringement or challenge to the use of Bath Tune Up's trademarks, they must immediately notify Bath Tune Up. Following notification, Bath Tune Up will decide what action they deem appropriate to address the infringement.
Bath Tune Up will defend a franchisee against any claims or judgments resulting from the franchisee's authorized use of the Bath Tune Up marks, provided the use is in accordance with the franchise agreement. However, this protection does not extend to claims made by a prior user of the "BATH TUNE-UP®" name. Bath Tune Up maintains control over any administrative proceedings or litigation involving the trademarks licensed to the franchisee.
It is important to note that Bath Tune Up can modify or discontinue the use of their marks, and in such cases, the franchisee is responsible for the expense of modifying or discontinuing their use of the marks. Additionally, franchisees are prohibited from directly or indirectly contesting Bath Tune Up's rights to their marks. This is a fairly standard clause in franchise agreements, as the franchisor needs to maintain ultimate control over its brand and trademarks.