What action must a Bevaris Alliance franchisee take if they learn about an infringement of the Bevaris Alliance trademarks?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
You must notify Bevaris immediately when you learn about an infringement of or challenge to your use of our trademarks. Bevaris will take the action we think appropriate. While Bevaris is not required to defend you against a claim against your use of our trademarks, Bevaris will reimburse you for your liability and reasonable costs in connection with defending Bevaris' trademarks. To receive reimbursement, you must have notified Bevaris immediately when you learned about the infringement or challenge.
Source: Item 13 — TRADEMARKS (FDD pages 14–16)
What This Means (2024 FDD)
According to the 2024 Bevaris Alliance Franchise Disclosure Document, a franchisee must immediately notify Bevaris Alliance if they become aware of any infringement or challenge to the use of Bevaris Alliance's trademarks. After being notified, Bevaris Alliance will then decide what action they deem appropriate to take.
While Bevaris Alliance is not obligated to defend a franchisee against claims regarding the use of their trademarks, Bevaris Alliance will reimburse the franchisee for liability and reasonable costs incurred while defending the company's trademarks. However, to be eligible for reimbursement, the franchisee must have promptly notified Bevaris Alliance upon learning of the infringement or challenge.
This requirement to notify Bevaris Alliance immediately is a standard practice in franchising, as franchisors need to protect their brand and trademarks. The reimbursement provision offers some financial protection to franchisees, but it's contingent on the franchisee's adherence to the notification requirement. Franchisees should be diligent in monitoring for potential trademark infringements and promptly reporting them to Bevaris Alliance to maintain eligibility for potential reimbursement of defense costs.