What happens if someone challenges the use of Beyond Juicery Eatery 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, franchisees must immediately notify Beyond Juicery Eatery of any challenges to the use of its trademarks. The franchisee and each principal owner must communicate only with Beyond Juicery Eatery or its counsel regarding any such challenge.
Beyond Juicery Eatery retains exclusive control over any litigation or proceedings arising from challenges to its trademarks and will decide what action to take. The franchisee is required to execute any documents and provide assistance that Beyond Juicery Eatery or its counsel deems necessary to protect the trademark rights.
This means that if a third party challenges Beyond Juicery Eatery's trademark, the franchisee cannot independently handle the situation. They must rely on Beyond Juicery Eatery to manage the legal process. This protects the brand's trademarks and ensures consistent legal strategy, but it also means the franchisee has limited control over the response to the challenge.