With whom is a Big Apple Bagels developer prohibited from communicating regarding any infringement challenge or claim, other than the Franchisor and its counsel?
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 the 2025 Big Apple Bagels Franchise Disclosure Document, a developer is prohibited from communicating with any person other than Big Apple Bagels and its counsel regarding any apparent infringement of or challenge to the 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 the developer becomes aware.
This means that if a Big Apple Bagels developer encounters any situation where someone is potentially misusing or challenging the Big Apple Bagels trademarks, the developer's sole communication regarding this issue should be with Big Apple Bagels itself and its legal representatives. This restriction ensures that Big Apple Bagels maintains control over its brand and any legal proceedings related to it.
Big Apple Bagels retains the sole discretion to take action it deems appropriate and has 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. This protects the brand's integrity and ensures consistent legal strategy.