What is a Beef O Bradys franchisee required to do if they notice an infringement on the Beef O Bradys Marks?
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 Beef O Bradys's 2025 Franchise Disclosure Document, franchisees have specific obligations regarding the brand's trademarks and service marks, referred to as "Marks." If a franchisee observes any potential infringement or challenge to their use of any Mark, or any claim by another party regarding rights to a Mark, they must immediately notify Beef O Bradys.
The franchisee is explicitly instructed not to communicate with any party other than Beef O Bradys, their attorneys, or the franchisee's own attorneys regarding the infringement, challenge, or claim. This ensures that Beef O Bradys maintains control over the response and legal strategy.
Beef O Bradys retains sole discretion in deciding what action to take and has the exclusive right to manage any litigation, U.S. Patent and Trademark Office proceedings, or other administrative actions related to the infringement, challenge, or claim. The franchisee is obligated to sign documents, provide assistance, and perform actions deemed necessary by Beef O Bradys's attorneys to protect the brand's interests in any legal or administrative proceedings.
These measures are typical in franchising, as franchisors need to protect their brand identity and trademarks. By requiring franchisees to report potential infringements and cooperate with legal efforts, Beef O Bradys aims to safeguard its brand and maintain uniformity across all franchise locations. Failure to comply with these requirements could potentially lead to a breach of the franchise agreement.