What does Beehive Homes do if there is a claim regarding the use of the name in Minnesota?
Beehive_Homes Franchise · 2025 FDDAnswer from 2025 FDD Document
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- The franchisor will protect the franchisee's rights to use the trademarks, service marks, trade names, logotypes or other commercial symbols or indemnify the franchisee from any loss, costs or expenses arising out of any claim, suit or demand regarding the use of the name. Minnesota considers it unfair to not protect the franchisee's right to use the trademarks. Refer to Minnesota Statues, Section 80C.12, Subd. 1(g).
(c) Infringement Disputes.
- (i) Franchisee will immediately notify Franchisor of any infringement or dilution of or challenge to its use of any of the Names and Marks and will not, absent a court order or Franchisor's prior written consent, communicate with any other person regarding any such infringement, dilution, challenge or claim. Franchisor will take the action it deems appropriate with respect to such challenges and claims and has the sole right to handle disputes concerning use of all or any part of the Names and Marks or the System. Franchisee will fully cooperate with Franchisor and its Affiliates in these matters. Franchisor will reimburse Franchisee for expenses incurred by it as the direct result of activities undertaken by it at Franchisor's prior written request and specifically relating to the dispute at issue. Franchisor will not reimburse Franchisee for any other expenses incurred by it for cooperating with Franchisor or its Affiliates.
- (ii) Franchisee hereby appoints Franchisor as Franchisee's exclusive attorney-in-fact, to prosecute, defend and/or settle all disputes of this type at Franchisor's sole option. Franchisee will sign any documents Franchisor or its Affiliates believe are necessary to prosecute, defend or settle any dispute or obtain protection for the Names and Marks and the System and will assign to Franchisor
any claims Franchisee may have related to these matters. Franchisor's decisions as to the prosecution, defense or settlement of the dispute will be final. All recoveries made as a result of disputes regarding use of all or part of the System or the Names and Marks will be for Franchisor's account.
Source: Item 23 — RECEIPTS (FDD pages 34–123)
What This Means (2025 FDD)
According to Beehive Homes' 2025 Franchise Disclosure Document, Beehive Homes will protect the franchisee's rights to use their trademarks, service marks, trade names, logotypes, or other commercial symbols. Beehive Homes will also indemnify the franchisee from any loss, costs, or expenses arising out of any claim, suit, or demand regarding the use of the name in Minnesota. The state considers it unfair for Beehive Homes to not protect the franchisee's right to use the trademarks.
Furthermore, the FDD states that the franchisee must immediately notify Beehive Homes of any infringement or dilution of, or challenge to, its use of any of the Names and Marks. Unless there is a court order or Beehive Homes' prior written consent, the franchisee will not communicate with any other person regarding any such infringement, dilution, challenge, or claim. Beehive Homes will take the action it deems appropriate with respect to such challenges and claims and has the sole right to handle disputes concerning the use of all or any part of the Names and Marks or the System. The franchisee will fully cooperate with Beehive Homes and its Affiliates in these matters.
Beehive Homes will reimburse the franchisee for expenses incurred as the direct result of activities undertaken at Beehive Homes' prior written request and specifically relating to the dispute at issue. However, Beehive Homes will not reimburse the franchisee for any other expenses incurred for cooperating with Beehive Homes or its Affiliates. The franchisee appoints Beehive Homes as the franchisee's exclusive attorney-in-fact, to prosecute, defend, and/or settle all disputes of this type at Beehive Homes' sole option. The franchisee will sign any documents Beehive Homes or its Affiliates believe are necessary to prosecute, defend, or settle any dispute or obtain protection for the Names and Marks and the System and will assign to Beehive Homes any claims the franchisee may have related to these matters. Beehive Homes' decisions as to the prosecution, defense, or settlement of the dispute will be final, and all recoveries made as a result of disputes regarding the use of all or part of the System or the Names and Marks will be for Beehive Homes' account.