With whom is a Baya Bar franchisee permitted to communicate regarding any infringement of the Marks?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
You must immediately notify us of any apparent infringement of the Marks or challenge to your use of any of the Marks or claim by any person of any rights in any of the Marks. You are not permitted to communicate with any person other than us, or any designated affiliate, our counsel and your counsel involving any infringement, challenge or claim. We can take action and have the right to exclusively control any litigation or USPTO or other administrative or agency proceeding caused by any infringement, challenge or claim or otherwise relating to any of the Marks. You must sign any and all documents, and do what may, in our counsel's opinion, be necessary or advisable to protect our interests in any litigation or USPTO or other administrative or agency proceeding or to otherwise protect and maintain our interests and the interests of any other person or entity (including any affiliate) having an interest in the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 40–41)
What This Means (2024 FDD)
According to Baya Bar's 2024 Franchise Disclosure Document, a franchisee is required to immediately notify Baya Bar of any apparent infringement of the Marks, challenges to the use of the Marks, or claims by any person of rights in the Marks. The franchisee is explicitly restricted from communicating with any other party regarding these issues, except for specific individuals or entities.
Specifically, the franchisee is only permitted to communicate with Baya Bar itself, any designated affiliate of Baya Bar, Baya Bar's counsel, and the franchisee's own counsel. This restriction ensures that Baya Bar maintains control over the response to any potential trademark issues and can coordinate a unified legal strategy.
This is a fairly standard practice in franchising, as franchisors typically want to control the management and protection of their trademarks. By limiting communication to specific parties, Baya Bar aims to protect its brand and ensure consistent messaging and legal action regarding trademark matters. The franchisee must also sign any documents and take necessary actions to protect Baya Bar's interests in any related legal proceedings.