Are there any pending infringement proceedings regarding Beef O Bradys' trademarks?
Beef_O_Bradys Franchise · 2025 FDDAnswer from 2025 FDD Document
All required affidavits and renewals have been filed.
There are no currently effective material determinations of the USPTO, the Trademark Trial and Appeal Board, or any state trademark administrator or court. There are also no pending infringement, opposition, or cancellation proceedings, or other pending material federal or state court litigation regarding our use or ownership rights in the trademarks.
We do not know of any superior prior rights or infringing uses that could materially affect your use of the principal Marks in any state where a Family Sports Pub will be located. There are currently no effective agreements that significantly limit our right to use or license the use of the Marks in a manner material to the franchise.
You may only use the Marks in the manner we specify in the Franchise Agreement or Confidential Operating Manual. You may not use our name or Marks as part of a corporate name or legal business name. You also may not use our name or Marks in conjunction with any modifying words, designs or symbols unless we authorize you in writing to do so. You may not use our registered name in connection with the sale of an unauthorized product or service or in a manner not authorized in writing by us. In the Franchise Agreement, you will agree to not contest directly or indirectly our right to our Marks, trade secrets or business techniques. If we decide to modify or discontinue use of any Mark and/or use one or more additional or substitute Marks, you must comply with our directions within a reasonable time after receiving notice.
You must notify us immediately if you learn about an infringement of, or challenge to, your use of any of our Mark(s). We will have the sole right decide whether to take action and, if we do, we have the right to control exclusively any litigation or administrative proceeding relating to any of our Marks. While we are not required to defend you against a claim arising from your use of our Mark(s), we will reimburse you for your reasonable costs in connection with defending our Mark(s). To receive reimbursement, you must notify us immediately when you learn about the infringement or challenge.
Source: Item 13 — TRADEMARKS. (FDD pages 42–44)
What This Means (2025 FDD)
According to Beef O Bradys's 2025 Franchise Disclosure Document, there are no pending infringement, opposition, or cancellation proceedings, or other pending material federal or state court litigation regarding their use or ownership rights in the trademarks. Additionally, Beef O Bradys states that all required affidavits and renewals for their trademarks have been filed. They also assert they are unaware of any superior prior rights or infringing uses that could materially affect a franchisee's use of the principal marks in any state where a Family Sports Pub will be located.
Beef O Bradys maintains control over how franchisees use their trademarks. Franchisees may only use the marks as specified in the Franchise Agreement or Confidential Operating Manual and cannot use the Beef O Bradys name or marks as part of a corporate or legal business name, or in conjunction with any modifying words, designs, or symbols unless authorized in writing. Franchisees also cannot use the registered name in connection with the sale of an unauthorized product or service or in a manner not authorized in writing.
As a Beef O Bradys franchisee, you must agree not to contest the franchisor's rights to their marks, trade secrets, or business techniques. If Beef O Bradys decides to modify or discontinue use of any mark, franchisees must comply with their directions within a reasonable time after receiving notice. Franchisees are required to notify Beef O Bradys immediately if they learn about an infringement of, or challenge to, their use of any of the marks. Beef O Bradys has the sole right to decide whether to take action and control any related litigation or administrative proceeding. While Beef O Bradys is not required to defend a franchisee against a claim arising from their use of the marks, they will reimburse reasonable costs in connection with defending their marks, provided they are notified immediately of the infringement or challenge.