What are the Franchisee's obligations regarding cooperation with Bevaris Alliance in proceedings related to 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 Bevaris Alliance's 2024 Franchise Disclosure Document, franchisees have specific obligations regarding intellectual property. If a franchisee becomes aware of any potential or actual infringement of Bevaris Alliance's intellectual property, or any situation suggesting that the use of their intellectual property might infringe upon a third party's intellectual property, the franchisee must immediately inform Bevaris Alliance. This notification should include all details requested by Bevaris Alliance.
Bevaris Alliance retains control over any legal proceedings related to its intellectual property. Bevaris Alliance has the sole discretion to decide what actions to take regarding any infringement or alleged infringement. The franchisee is required to cooperate with Bevaris Alliance in these actions, and Bevaris Alliance will cover any reasonable expenses incurred by the franchisee for this cooperation.
In addition to reporting and cooperation, franchisees are prohibited from registering any of Bevaris Alliance's intellectual property (or confusingly similar intellectual property) in their own name anywhere in the world. Franchisees must also adhere to the operations manual and all requests from Bevaris Alliance regarding the use of intellectual property, including the proper use of trademark, copyright, and registration symbols. Franchisees must assist Bevaris Alliance in registering its trademarks and cannot license the intellectual property to others. They are restricted from using the intellectual property in any way not explicitly permitted by the franchise agreement and the manual, and they cannot use any intellectual property that is confusingly similar to Bevaris Alliance's intellectual property. Franchisees must not take any actions that could negatively impact Bevaris Alliance's intellectual property rights or title. Finally, franchisees must immediately cease using any advertising, promotional material, or packaging if requested by Bevaris Alliance.