Who determines if Better Blend's intellectual property rights have been infringed?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
- (b) Infringement by Third Party. Franchisee shall promptly notify BBF if Franchisee becomes aware of any possible infringement of a Mark by a third party. BBF may, in its sole discretion, commence or join any claim against the infringing party.
- (c) Control. BBF shall have the exclusive right to control any prosecution or defense of any Action related to possible infringement of or by the Marks.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, Better Blend Franchising, LLC ("BBF") has the exclusive right to manage any legal action pertaining to potential infringement of its trademarks. If a franchisee becomes aware of possible infringement of a Better Blend mark by a third party, they must promptly notify BBF. BBF then has the sole discretion to start or join any claim against the party that is potentially infringing on the trademark.
This means that while a Better Blend franchisee is responsible for reporting any suspected trademark infringement, the franchisor, BBF, retains full control over whether or not to pursue legal action. The franchisee does not have the authority to independently decide if infringement has occurred or to take legal steps on their own.
This arrangement is typical in franchising, as it allows the franchisor to maintain brand consistency and control legal strategy across the entire franchise system. It also centralizes the costs and risks associated with intellectual property enforcement with the franchisor. For a prospective franchisee, this means they can focus on operating their Better Blend business without the burden of independently policing the brand's trademarks.