Who controls any litigation or proceeding arising from any infringement of Beyond Juicery Eatery's trademarks?
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 the infringement, challenge, or claim involving its trademarks. This means that Beyond Juicery Eatery, not the franchisee, decides how to handle any legal issues concerning the trademarks.
As a franchisee, you are required to immediately notify Beyond Juicery Eatery of any potential trademark infringements or challenges. Furthermore, you must only communicate with Beyond Juicery Eatery or their counsel regarding such matters. You are also obligated to assist Beyond Juicery Eatery in any litigation or proceedings by executing necessary documents and providing assistance as required.
This arrangement is typical in franchising, as the franchisor needs to protect its brand and trademarks consistently across all franchise locations. By maintaining control over trademark-related legal matters, Beyond Juicery Eatery can ensure a unified and strategic approach to protecting its intellectual property. This also prevents individual franchisees from taking actions that could potentially harm the brand or create legal precedents that are not in the best interest of the entire franchise system.