What must a Bigfoot Forestry franchisee do if there is an IP Dispute?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
o grant sublicenses. If applicable Law precludes you from assigning ownership to us, then you must grant us a perpetual royalty-free license to use, commercialize and sublicense the Improvement in any manner we deem appropriate.
- 17.6. IP Disputes. You must immediately notify us of any IP Dispute. You may not communicate with any Person other than us and our counsel in connection with the IP Dispute. We have sole discretion in deciding what action, if any, to take in response to an IP Dispute. We exclusively control all litigation and other proceedings relating to IP Disputes. You must execute all documents, render all assistance, and perform all acts that our counsel deems necessary or advisable to protect or maintain our interest in the proceeding and/or protect the Intellectual Property.
Source: Item 23 — RECEIPT (FDD pages 42–162)
What This Means (2025 FDD)
According to the 2025 Bigfoot Forestry FDD, an "IP Dispute" includes any actual or suspected infringement of Bigfoot Forestry's intellectual property, challenges to a franchisee's use of it, or claims by others regarding rights to the intellectual property. If such a dispute arises, a franchisee's actions are clearly defined.
First, the franchisee may only communicate about the IP Dispute with Bigfoot Forestry and its legal counsel. The franchisee does not have the authority to contact any other party regarding the dispute. Second, Bigfoot Forestry has the sole right to decide what action, if any, will be taken in response to the IP Dispute. The franchisee cannot independently decide on a course of action. Third, Bigfoot Forestry exclusively controls all litigation and other proceedings related to IP Disputes, meaning the franchisee cannot initiate or control any legal actions.
Finally, the franchisee must execute all documents, provide all assistance, and perform all actions that Bigfoot Forestry's counsel deems necessary or advisable to protect or maintain Bigfoot Forestry's interest in the proceeding and/or protect the Intellectual Property. This means the franchisee is obligated to fully cooperate with Bigfoot Forestry and its legal team in any way required. Failure to comply with these requirements could result in a breach of the franchise agreement and potential legal consequences.