Is Batteries Plus Bulbs currently involved in any pending infringement, opposition, or cancellation proceedings regarding the Licensed Marks?
Batteries_Plus_Bulbs Franchise · 2025 FDDAnswer from 2025 FDD Document
There are currently no effective material determinations by the U.S. Patent and Trademark Office, the Trademark Trial and Appeal Board, the trademark administrator of any state or any court, or any pending infringement, opposition or cancellation proceeding, or any pending material litigation, involving the Licensed Marks that are relevant to your use in any state. There are currently no agreements in effect that significantly limit our rights to use or license the use of any Licensed Marks in any manner material to the franchise.
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 the 2025 Batteries Plus Bulbs Franchise Disclosure Document, there are currently no material determinations, pending infringement, opposition, or cancellation proceedings, or any pending material litigation involving the Licensed Marks that are relevant to a franchisee's use in any state. Additionally, there are no agreements that significantly limit Batteries Plus Bulbs' rights to use or license the use of any Licensed Marks in any manner material to the franchise. This indicates that Batteries Plus Bulbs is not currently facing any legal challenges regarding its trademarks that could impact a franchisee's ability to use them. This is a positive sign for potential franchisees, as it suggests that the brand's trademarks are secure and legally protected. However, the document also states that Batteries Plus Bulbs is not obligated to protect franchisees against infringement or unfair competition claims arising out of their use of the Licensed Marks.
Batteries Plus Bulbs retains control over any litigation relating to the Licensed Marks and has the sole right to decide whether to pursue or settle any infringement actions. Franchisees are required to immediately notify Batteries Plus Bulbs of any apparent infringement or challenge to their use of any Licensed Marks. If Batteries Plus Bulbs determines that a trademark infringement action requires changes or substitutions to the Licensed Marks, the franchisee will be responsible for making these changes at their own expense. This means that while Batteries Plus Bulbs owns and controls the trademarks, franchisees bear some of the risk and cost associated with potential trademark issues.
For a prospective franchisee, this arrangement highlights the importance of using the Licensed Marks correctly and adhering to Batteries Plus Bulbs' guidelines. It also underscores the need to be vigilant about potential infringement by others and to promptly report any concerns to Batteries Plus Bulbs. While Batteries Plus Bulbs will handle any legal action, franchisees need to be prepared to adapt to any required changes to the Licensed Marks at their own cost. This is a fairly standard arrangement in franchising, where the franchisor owns the trademarks but franchisees have a responsibility to protect and properly use them within their territory.