What is the franchisee required to do if they become aware of any infringement of Beyond Juicery Eatery's trademarks?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
ge, or otherwise encumber your rights to use any of the Trademarks.
- F. You shall not use any of the Trademarks as part of your corporate or other name. You shall comply with our instructions, and shall execute any documents deemed necessary by us, or our counsel, in filing and maintaining any requisite trade name or fictitious name registrations in connection with the Trademarks.
- G. 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.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to Beyond Juicery Eatery's 2025 Franchise Disclosure Document, franchisees have specific obligations regarding the brand's trademarks. If a franchisee becomes aware of any infringement or challenges to the use of Beyond Juicery Eatery's trademarks, or any claims by another party to those trademarks, they must immediately notify Beyond Juicery Eatery.
Furthermore, the franchisee and each principal owner are prohibited from communicating with anyone except Beyond Juicery Eatery or its counsel regarding any such infringement, challenge, or claim. This restriction ensures that Beyond Juicery Eatery maintains control over its brand protection strategy and messaging.
Beyond Juicery Eatery, in its sole discretion, will decide what action to take and will exclusively control any litigation or proceedings related to trademark issues. The franchisee is required to execute any documents and provide assistance that Beyond Juicery Eatery or its counsel deems necessary to protect the brand's rights and interests in the trademarks. This includes cooperating to prove the continuous and effective use of the trademarks, which is essential for maintaining their registration and validity. These measures are typical in franchising, as franchisors must protect their trademarks, which represent the brand's reputation and goodwill.