Can a Bigfoot Forestry franchisee control litigation involving the trademarks?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
You must notify us immediately if you discover an infringing use (or challenge to your use) of the Marks. We will take the action we deem appropriate. We are not required to take any action if we do not feel it is warranted. You may not control any proceeding or litigation involving our Marks.
The Franchise Agreement does not require that we: (a) protect your right to use the Marks; (b) protect you against claims of infringement or unfair competition arising out of your use of the Marks; or (c) participate in your defense or indemnify you for expenses or damages you incur if you are a party to an administrative or judicial proceeding involving our Marks or if the proceeding is resolved in a manner unfavorable to you.
Source: Item 13 — TRADEMARKS (FDD page 31)
What This Means (2025 FDD)
According to Bigfoot Forestry's 2025 Franchise Disclosure Document, franchisees are explicitly prohibited from controlling any legal proceedings related to the company's trademarks. The FDD states that if a franchisee discovers any infringement or challenges to the use of Bigfoot Forestry's marks, they must immediately notify the company. However, Bigfoot Forestry retains sole discretion over the actions taken in response.
Bigfoot Forestry is not obligated to take any action it deems unwarranted. Furthermore, the Franchise Agreement does not require Bigfoot Forestry to protect the franchisee's right to use the marks, defend against infringement claims, or indemnify the franchisee for expenses or damages incurred in legal proceedings involving the trademarks. This means a franchisee could potentially face legal challenges related to trademark use without direct support or control over the legal strategy from Bigfoot Forestry.
This arrangement is typical in franchising, where the franchisor maintains control over its brand and trademarks. However, it places the onus on the franchisee to diligently report any potential infringements and accept Bigfoot Forestry's decisions regarding legal action. Prospective franchisees should be aware of this limitation and consider the potential risks associated with trademark disputes. It would be prudent to inquire about Bigfoot Forestry's history of trademark enforcement and the criteria they use to determine appropriate action in infringement cases.