If a Best Brains franchisee is facing a challenge to their use of the Marks, who are they permitted to communicate with?
Best_Brains Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Duty to Notify. You must immediately notify us in writing of any apparent infringement of or challenge to your use of any Marks, or claim by any person of any rights in any Marks or any similar trade name, trademark or service mark of which you become aware. In the event of any such infringement, challenge, or claim, you shall not communicate with any person other than us and our counsel.
- i. We and our affiliates have sole discretion to take such action as we deem appropriate and the right to exclusively control any litigation, U.S. Patent and Trademark Office ("USPTO") proceeding or other administrative proceeding arising out of any such infringement, challenge or claim or otherwise relating to any Marks.
- ii. You agree to execute any and all instruments and documents, render such assistance and do such acts and things as may, in the opinion of our counsel, or the counsel of our affiliates, be necessary or advisable to protect and maintain our interests in any such litigation, USPTO proceeding or other administrative proceeding or to otherwise protect and maintain the interests of us and our affiliates in the Marks.
Source: Item 23 — RECEIPTS (FDD pages 42–190)
What This Means (2025 FDD)
According to Best Brains' 2025 Franchise Disclosure Document, a franchisee facing a challenge to their use of the Best Brains Marks has specific instructions regarding communication. The franchisee must immediately notify Best Brains in writing about any apparent infringement, challenge, or claim related to the Marks.
Critically, the franchisee is explicitly prohibited from communicating with any party other than Best Brains and its counsel regarding the infringement, challenge, or claim. This restriction ensures that Best Brains maintains control over the legal strategy and protection of its trademarks.
Best Brains retains the sole discretion to take any action it deems appropriate, including controlling any litigation or proceedings with the U.S. Patent and Trademark Office (USPTO). The franchisee is obligated to assist Best Brains by executing documents and providing necessary support to protect the Marks. This coordinated approach is typical in franchising, as the strength of the brand's trademarks directly impacts all franchisees.