Who should a Big Apple Bagels developer contact if they become aware of an infringement of the Marks?
Big_Apple_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
- C. Developer shall immediately notify Franchisor in writing of any apparent infringement of or challenge to Developer's use of any Mark, or claim by any person of any rights in any Mark or similar trade name, trademark, or service mark of which Developer becomes aware. Developer shall not communicate with any person other than Franchisor and its counsel in connection with any such infringement challenge or claim. Franchisor shall have sole discretion to take such action as it deems appropriate and the right to exclusively control any litigation, U.S. Patent and Trademark Office proceeding or other administrative proceeding arising out of any such infringement, challenge, or claim or otherwise relating to any Mark.
Source: Item 23 — RECEIPTS (FDD pages 87–319)
What This Means (2025 FDD)
According to Big Apple Bagels' 2025 Franchise Disclosure Document, if a developer becomes aware of any potential infringement or challenges to the use of the Big Apple Bagels Marks, they must immediately notify the Franchisor in writing.
Furthermore, the developer is explicitly instructed not to communicate with any party other than Big Apple Bagels and its legal counsel regarding the infringement, challenge, or claim. This ensures that Big Apple Bagels maintains control over the response and any legal proceedings.
Big Apple Bagels retains the sole discretion to take any action it deems appropriate to address the infringement, including initiating and controlling any litigation or administrative proceedings. This protects the brand's trademarks and service marks, ensuring consistent quality and service across all Big Apple Bagels stores.