What must a Best Brains franchisee do if there is an apparent infringement of any Mark?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
ST BRAINS." Any sign face bearing the Marks will remain our property even though you may have paid a third party to make the sign faces.
Infringements. You must immediately notify us of any apparent infringement of or challenge to your use of any Mark, or claim by any person of any rights in any Mark, and you may not communicate with any person other than us and our counsel in connection with any infringement, challenge or claim. We and our affiliates will have sole discretion to take action as we deem appropriate and the right to exclusively control any litigation or USPTO or other proceeding arising out of any such infringement, challenge or claim or otherwise relating to any Mark and you must sign any and all instruments and documents, render assistance and actions as may, in the opinion of our or our affiliates' counsel, be necessary or advisable to protect and maintain our interests in any litigation or USPTO or other proceeding or to otherwise protect and maintain our interests in the Marks.
We will indemnify you against, and reimburse you for, all damages for which you are held liable in any proceeding in which your use of any Mark, pursuant to and in compliance with the Franchise Agreement, is held to constitute trademark infringement, unfair competition or dilution, and for all costs reasonably incurred by you in the defense of any claim brought against you or in any proceeding in which you are named as a party, provided that you have timely notified us of the claim or proceeding and have otherwise complied with the Franchise Agreement. We, in our discretion, will be entitled to defend any proceeding arising out of your use of any Mark pursuant to the Franchise Agreement, and, if we undertake t
Source: Item 13 — TRADEMARKS (FDD pages 29–30)
What This Means (2025 FDD)
According to Best Brains's 2025 Franchise Disclosure Document, a franchisee must immediately notify Best Brains of any apparent infringement of or challenge to the use of any Mark. The franchisee is also prohibited from communicating with anyone other than Best Brains and its counsel regarding the infringement, challenge, or claim.
Best Brains retains sole discretion to take action it deems appropriate and has the exclusive right to control any litigation or USPTO proceeding arising from such infringement, challenge, or claim. The franchisee is required to sign any documents and provide assistance as deemed necessary by Best Brains's counsel to protect and maintain their interests in any litigation or USPTO proceeding, or to otherwise protect and maintain their interests in the Marks.
Best Brains will indemnify the franchisee against all damages for which the franchisee is held liable in any proceeding where the franchisee's use of any Mark, in compliance with the Franchise Agreement, is held to constitute trademark infringement, unfair competition, or dilution. Best Brains will also reimburse the franchisee for all costs reasonably incurred in the defense of any claim brought against them, provided that the franchisee has timely notified Best Brains of the claim or proceeding and has otherwise complied with the Franchise Agreement. Best Brains has the right to defend any proceeding arising out of the franchisee's use of any Mark pursuant to the Franchise Agreement, and if Best Brains undertakes the defense, they have no obligation to indemnify or reimburse the franchisee for any fees or disbursements of counsel the franchisee retains.