What must a Benjamin Franklin Plumbing franchisee do if there is a challenge to the validity of the Marks?

According to the 2025 Benjamin Franklin Plumbing FDD, if a franchisee suspects or knows of any unauthorized use of the Marks or Works, they must promptly notify Benjamin Franklin Plumbing. Additionally, the franchisee must inform Benjamin Franklin Plumbing of any challenge to the validity, ownership, or right to license the Marks or Works.

Benjamin Franklin Plumbing retains the exclusive right, but not the obligation, to manage any litigation or administrative proceedings related to the Marks and Works, including settlements. The franchisee is obligated to sign documents and provide assistance deemed necessary by Benjamin Franklin Plumbing's counsel to protect their interests in the Marks and the Works.

This means that as a Benjamin Franklin Plumbing franchisee, you play a crucial role in protecting the brand's intellectual property. By promptly reporting any potential infringements or challenges, you enable the franchisor to take appropriate action. However, you do not have the authority to independently pursue legal action related to the Marks or Works; that responsibility lies solely with the franchisor. This is a common arrangement in franchising, as it ensures consistent brand protection and legal strategy across the entire franchise system.

While the franchisee is responsible for notifying Benjamin Franklin Plumbing, the franchisor has the exclusive right to initiate, direct, and control any litigation or administrative proceeding. This protects the brand's interests and ensures a unified legal strategy. The franchisee is required to cooperate by signing documents and providing assistance as needed, but the franchisor bears the primary responsibility for defending the Marks and Works.