With whom are Belocal franchisees prohibited from communicating regarding trademark infringements or challenges?
Belocal Franchise · 2025 FDDAnswer from 2025 FDD Document
You must immediately notify us of any infringement of the Marks or of any challenge to the use of any of the Marks or claim by any person of any rights in any of the Marks. You and your Principals must agree not to communicate with any person other than us, any designated affiliate, and our or their counsel about any infringement, challenge, or claim of this type. We or our affiliates have sole discretion (but not the obligation) to take any action we deem appropriate and the right to exclusively control any litigation, or Patent and Trademark Office (or other) proceeding, arising out of any alleged infringement, challenge, or claim concerning any of the Marks. You must execute all instruments and documents and give us any assistance that, in our counsel's opinion, may be necessary or advisable to protect and maintain our interests
Source: Item 13 — TRADEMARKS (FDD pages 44–46)
What This Means (2025 FDD)
According to Belocal's 2025 Franchise Disclosure Document, franchisees are restricted in who they can communicate with regarding any trademark infringements or challenges. Specifically, franchisees and their principals must not communicate with anyone about infringements, challenges, or claims related to Belocal's trademarks, except for Belocal itself, any designated affiliate, and their respective legal counsel.
This restriction is in place to ensure that Belocal maintains control over its trademarks and any legal proceedings related to them. Belocal or its affiliates have the sole discretion to take any action they deem appropriate and have the exclusive right to control any litigation or proceedings arising from alleged infringements or claims concerning the marks.
This means that if a franchisee becomes aware of a potential trademark infringement, they must report it to Belocal and can only discuss it with the specified parties. This protects Belocal's interests by centralizing the handling of trademark issues and ensuring a consistent legal strategy. It is fairly standard in franchising that the franchisor controls the trademarks and any related legal actions.