Who controls litigation related to the Licensed Marks for Batteries Plus Bulbs?
Batteries_Plus_Bulbs Franchise · 2025 FDDAnswer from 2025 FDD Document
You must immediately notify us of any apparent infringement of or challenge to your use of any Licensed Marks, and we have sole discretion to take any action we deem appropriate. We are unaware of any infringing uses or superior rights that could materially affect your use of the Licensed Marks.
We are not obligated to protect you against infringement or unfair competition claims arising out of your use of the Licensed Marks, or to participate in your defense or indemnify you. We reserve the right to control any litigation relating to the Licensed Marks and we will have the sole right to decide to pursue or settle any infringement actions relating to the Licensed Marks. You must notify us promptly of any infringement or unauthorized of the Licensed Marks of which you become aware. If we determine that a trademark infringement action requires changes or substitutions to the Licensed Marks, you will make these changes or substitutions at your own expense.
Source: Item 13 — Trademarks (FDD pages 46–47)
What This Means (2025 FDD)
According to Batteries Plus Bulbs's 2025 Franchise Disclosure Document, Batteries Plus Bulbs maintains control over any litigation related to its Licensed Marks. Specifically, Batteries Plus Bulbs reserves the right to control any litigation pertaining to the Licensed Marks and has the sole right to decide whether to pursue or settle any infringement actions related to these marks.
This means that as a Batteries Plus Bulbs franchisee, you are required to notify Batteries Plus Bulbs immediately if you become aware of any infringement or challenges to the use of the Licensed Marks. However, you do not have the authority to independently pursue legal action to protect the marks. Batteries Plus Bulbs retains the exclusive right to decide on the appropriate course of action.
Batteries Plus Bulbs is not obligated to protect franchisees against infringement or unfair competition claims arising from the use of Licensed Marks, nor are they required to participate in a franchisee's defense or indemnify them. If Batteries Plus Bulbs determines that a trademark infringement action necessitates changes or substitutions to the Licensed Marks, the franchisee is responsible for making these changes at their own expense. This arrangement is typical in franchising, where the franchisor maintains brand control, but franchisees bear some of the costs of protecting the brand at the local level.