Who controls litigation related to a Bigfoot Forestry IP Dispute?

According to the 2025 Bigfoot Forestry Franchise Disclosure Document, Bigfoot Forestry maintains exclusive control over all litigation and other proceedings relating to IP Disputes. An IP Dispute is defined as any actual or suspected infringement of the Intellectual Property, any challenge to the franchisee's use of the Intellectual Property, or any claim by a person other than Bigfoot Forestry or its affiliate of any rights in or to the Intellectual Property. Intellectual Property includes Business Data, Copyrighted Materials, Improvements, Know-how, Marks and System.

This means that if a legal dispute arises concerning Bigfoot Forestry's intellectual property, the franchisee is not authorized to take independent legal action. Instead, Bigfoot Forestry has the sole right to decide on the appropriate course of action, including whether or not to pursue litigation. The franchisee is obligated to notify Bigfoot Forestry immediately of any IP Dispute and is prohibited from communicating with anyone other than Bigfoot Forestry and its counsel regarding the dispute.

This level of control is typical in franchising, as franchisors need to protect their brand and intellectual property consistently across all franchise locations. However, it also means that franchisees have limited autonomy in these matters and must rely on Bigfoot Forestry to vigorously defend its intellectual property rights. Franchisees are also obligated to assist Bigfoot Forestry in protecting its intellectual property by executing documents and performing acts deemed necessary by Bigfoot Forestry's counsel.

For a prospective Bigfoot Forestry franchisee, this underscores the importance of understanding the strength and scope of the franchisor's intellectual property rights. It also highlights the need to assess the franchisor's willingness and capacity to defend those rights, as the franchisee's business could be impacted by the outcome of any IP Dispute. Furthermore, the franchisee should consider the potential costs and obligations associated with assisting Bigfoot Forestry in IP Dispute litigation.