Under what condition will Bevaris Alliance reimburse a franchisee for costs related to defending 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 Bevaris Alliance's 2024 Franchise Disclosure Document, while Bevaris Alliance is not required to defend a franchisee against claims regarding the use of its trademarks, it will reimburse the franchisee for their liability and reasonable costs associated with defending the Bevaris Alliance trademarks.
However, this reimbursement is conditional. To be eligible for reimbursement, the franchisee must immediately notify Bevaris Alliance upon learning of any infringement or challenge to the use of the Bevaris Alliance trademarks. This immediate notification is a prerequisite for receiving reimbursement for liability and reasonable costs incurred in defending the trademarks.
This arrangement means that franchisees need to be vigilant in monitoring for any potential trademark infringements or challenges and act quickly to inform Bevaris Alliance. Failure to do so could result in the franchisee bearing the full financial burden of defending against such claims. While Bevaris Alliance retains control over the action it deems appropriate, the franchisee has some protection against costs if they adhere to the notification requirement.