Does Better Blend have the option to commence a claim against a third party infringing on the Better Blend mark?
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.
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2024 FDD)
According to the 2024 Better Blend Franchise Disclosure Document, Better Blend has the option to commence a claim against a third party for trademark infringement. Specifically, if a franchisee becomes aware of potential infringement of the Better Blend mark by another party, they must promptly inform Better Blend. Following notification, Better Blend has the sole discretion to initiate or participate in any legal action against the infringing party.
This clause in the franchise agreement protects the integrity and value of the Better Blend brand. By retaining the right to pursue legal action against infringers, Better Blend maintains control over its brand and ensures consistent quality and representation across all franchise locations. This is a common practice in franchising, as the franchisor typically owns the trademarks and needs to protect them from unauthorized use.
For a prospective franchisee, this means that Better Blend is responsible for taking action against any third party that infringes on the Better Blend mark. However, the franchisee is responsible for promptly notifying Better Blend of any potential infringements they become aware of. This places a shared responsibility on both the franchisor and franchisee to protect the brand's intellectual property.