What should a Bhc franchisee do if they suspect infringement of the marks?
Bhc Franchise · 2025 FDDAnswer from 2025 FDD Document
You must use, and shall ensure that your Affiliate Franchisee and your Subfranchisees use, reasonable efforts to protect the IP Rights (as defined below), including the Marks, by (i) promptly notifying us of any known or suspected infringement of the Marks, including trademarks that are identical to or confusingly similar to the Marks, and other IP Rights, (ii) rendering necessary assistance during relevant proceedings, and (iii) providing any other assistance we deem necessary.
Source: Item 13 — Trademarks (FDD pages 39–41)
What This Means (2025 FDD)
According to Bhc's 2025 Franchise Disclosure Document, franchisees have specific obligations regarding the protection of Bhc's intellectual property. If a franchisee suspects any infringement of Bhc's trademarks, they must take certain actions to protect those rights. This includes trademarks that are identical or confusingly similar to Bhc's marks. These obligations extend to the franchisee's Affiliates and Subfranchisees as well.
Specifically, the franchisee must promptly notify Bhc of any known or suspected infringement of the marks or other intellectual property rights. Additionally, the franchisee is required to provide necessary assistance during any relevant legal proceedings related to the infringement. This assistance also includes providing any other support that Bhc deems necessary to address the infringement.
This requirement ensures that Bhc can take appropriate action to protect its brand and intellectual property, which is crucial for maintaining the consistency and reputation of the franchise system. By promptly reporting and assisting in infringement cases, franchisees play a vital role in safeguarding the value of the Bhc brand. Failure to comply with these obligations could potentially lead to breaches of the franchise agreement and subsequent legal ramifications.