Must claims against Beef O Bradys be made in writing?
Beef_O_Bradys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 8.3 Notification of Infringements and Claims. You agree to notify us immediately of any apparent infringement or challenge to your use of any Mark, or of any claim by any person of any rights in any Mark, and you agree not to communicate with any person other than us, our attorneys and your attorneys in connection with any such infringement, challenge or claim.
We have sole discretion to take such action as we deem appropriate and the right to control exclusively any litigation, U.S.
Patent and Trademark Office proceeding or any other administrative proceeding arising out of any such infringement, challenge or claim or otherwise relating to any Mark.
You agree to sign any and all instruments and documents, render such assistance and do such acts and things as, in the opinion of our attorneys, may be necessary or advisable to protect and maintain our interests in any litigation or Patent and Trademark Office or other proceeding or otherwise to protect and maintain our interests in the Marks.
Source: Item 23 — RECEIPTS. (FDD pages 66–330)
What This Means (2025 FDD)
According to the 2025 Beef O Bradys Franchise Disclosure Document, franchisees must notify Beef O Bradys immediately of any apparent infringement or challenge to the use of any mark, or of any claim by any person of any rights in any mark. The franchisee agrees not to communicate with any person other than Beef O Bradys, their attorneys, and the franchisee's attorneys in connection with any infringement, challenge, or claim. The FDD does not specify that this notification must be in writing.
Beef O Bradys retains sole discretion to take action they deem appropriate and the right to control exclusively any litigation, U.S. Patent and Trademark Office proceeding, or any other administrative proceeding arising out of any infringement, challenge, or claim or otherwise relating to any Mark. The franchisee must sign any and all instruments and documents, render assistance, and perform acts necessary or advisable to protect and maintain Beef O Bradys' interests in any litigation or Patent and Trademark Office or other proceeding or otherwise to protect and maintain their interests in the Marks.
While the FDD mandates immediate notification to Beef O Bradys regarding infringements or claims, it does not explicitly state that such notification must be submitted in writing. It is crucial for prospective franchisees to seek clarification from Beef O Bradys regarding the preferred method of notification to ensure compliance with their requirements and to maintain a clear record of communication.