Who controls litigation arising from trademark infringement related to a Beyond Juicery Eatery franchise?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
You shall immediately notify us of any (i) infringement of the Trademarks or challenge to the use of any thereof or (ii) claim by any person of any rights in or to any of the Trademarks.
You and each Principal Owner shall not communicate with any person except us or our counsel in connection with any such infringement, challenge, or claim.
We, in our sole discretion, may take such action as we deem appropriate, and shall exclusively control any litigation or proceeding arising from any infringement, challenge, or claim or otherwise relating to any of the Trademarks.
You shall execute any and all instruments and documents, render such assistance and do such acts and things as may, in our opinion or in the opinion of our counsel, be necessary or advisable in any such litigation or proceeding or to otherwise protect or maintain our rights and interest in the Trademarks.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to Beyond Juicery Eatery's 2025 Franchise Disclosure Document, Beyond Juicery Eatery retains exclusive control over any litigation or proceedings related to trademark infringements, challenges, or claims. This means that if any legal issues arise concerning the use of the Beyond Juicery Eatery trademarks, the franchisor, not the franchisee, will manage the legal process.
The franchisee is obligated to notify Beyond Juicery Eatery immediately of any potential trademark infringements or claims and must not communicate with any other party besides Beyond Juicery Eatery or its counsel regarding these issues. Franchisees are also required to assist Beyond Juicery Eatery by executing necessary documents and providing any help needed to protect the trademarks.
This arrangement is typical in franchising, as the franchisor owns the trademarks and must protect their brand. By retaining control over trademark litigation, Beyond Juicery Eatery ensures consistent legal strategy and protection of its brand identity. The franchisee's role is to report any potential issues and cooperate with the franchisor's legal efforts.