Does the Bevaris Alliance franchisee have to cooperate with the franchisor in protecting the intellectual property?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
- 15.3 Obligation to report.
If the Franchisee learns of any threatened or actual infringement of the Intellectual Property, or of any circumstance which suggests that the use of the Intellectual Property may infringe the intellectual property of a third party, it shall immediately inform the Franchisor, giving all such details as the Franchisor requests.
- 15.4 Conduct of proceedings. The Franchisor shall have conduct of any proceedings relating to the Intellectual Property and may take whatever action it, in its sole discretion, decides in respect of any infringement or alleged infringement of it, or arising from its use.
The Franchisee shall co-operate with the Franchisor in taking such action and the Franchisor shall meet any reasonable expenses of the Franchisee in doing so.
15.5 Intellectual Property obligations of Franchisee. The Franchisee shall:
(a) not apply for registration of any of the Intellectual Property (or any intellectual property that is confusingly similar to the Intellectual Property) in its own name, in any part of the world;
(b) comply with the Manual and all requests by the Franchisor as to the use of the Intellectual Property and the ™, © and ® symbols in relation to the Intellectual Property;
(c) give assistance to enable the Franchisor to register its Trademarks;
(d) not license (or purport to license) any other person to use any of the Intellectual Property;
(e) not use the Intellectual Property other than as specifically permitted by this agreement and the Manual;
(f) not use any intellectual property that is confusingly similar to the Intellectual Property;
(g) not do anything that may adversely affect the Intellectual Property or the Franchisor's right or title to it; and
(h) immediately stop using specific advertising or promotional material or packaging on receipt of a request by the Franchisor to do so.
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to the 2024 Bevaris Alliance Franchise Disclosure Document, franchisees have a responsibility to cooperate with Bevaris Alliance in protecting its intellectual property. Specifically, if a franchisee becomes aware of any potential or actual infringement of Bevaris Alliance's intellectual property, they must immediately inform Bevaris Alliance and provide all requested details.
Bevaris Alliance retains the right to manage any legal proceedings related to its intellectual property, including any actions regarding infringement or alleged infringement. The franchisee is obligated to cooperate with Bevaris Alliance in these actions, and Bevaris Alliance will cover the franchisee's reasonable expenses incurred as a result of this cooperation.
Furthermore, franchisees are prohibited from registering any of Bevaris Alliance's intellectual property (or anything confusingly similar) in their own name, complying with the manual and all requests by the franchisor as to the use of the Intellectual Property and the ™, © and ® symbols in relation to the Intellectual Property, giving assistance to enable the Franchisor to register its Trademarks, licensing the intellectual property to others, using the intellectual property in ways not permitted by the agreement or manual, using confusingly similar intellectual property, taking actions that could harm the intellectual property or Bevaris Alliance's rights to it, and using advertising or promotional materials that Bevaris Alliance requests they stop using.
These stipulations ensure that Bevaris Alliance maintains control over its brand and proprietary assets, while also requiring franchisees to actively participate in protecting these assets. This is a common practice in franchising, as the franchisor's intellectual property is often the foundation of the entire franchise system.