What must a Bigfoot Forestry franchisee do with trade dress upon termination or non-renewal?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
(h) comply with our instructions to return, destroy or transfer all copies of the Manual and Copyrighted Materials and all signs, brochures, advertising and promotional materials, forms and other materials bearing the Marks or containing Confidential Information;
(i) take all steps that are necessary, or that we reasonably require, to modify your Bigfoot Forestry Vehicle(s) and operating equipment to remove any reference to or association with a Bigfoot Forestry Business including: (1) removing all decals, trade dress and other references to our Marks; and (2) if reasonably necessary, repainting the operating equipment to eliminate any further use of our distinctive color schemes associated with a Bigfoot Forestry Business;
(j) (k) notify all telephone, listing and domain name registration companies of the termination or expiration of your right to use: (i) any telephone numbers and/or domain names associated with your Business; and (ii) any regular, classified or other telephone directory listings associated with the Marks (you hereby authorize the foregoing companies to transfer such telephone numbers, domain names and listings to us and you authorize us, and appoint us and any officer we designate as your attorney-in-fact to direct these companies to transfer the telephone numbers, domain names and listings to us if you fail or refuse to do so); and
(k) provide us with satisfactory evidence of your compliance with the above obligations within 30 days after the effective date of the termination, expiration or Transfer of this Agreement.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 33–36)
What This Means (2025 FDD)
According to the 2025 Bigfoot Forestry FDD, upon termination or non-renewal of the franchise agreement, a franchisee has specific obligations regarding the removal of trade dress. The franchisee must take necessary steps to modify their Bigfoot Forestry vehicles and operating equipment to eliminate any association with the Bigfoot Forestry business. This includes removing all decals, trade dress, and other references to Bigfoot Forestry's marks.
If reasonably necessary, the franchisee must repaint the operating equipment to eliminate any further use of the distinctive color schemes associated with Bigfoot Forestry. Additionally, the franchisee must comply with Bigfoot Forestry's instructions to return, destroy, or transfer all copies of the manual and copyrighted materials, as well as all signs, brochures, advertising and promotional materials, forms, and other materials bearing the marks or containing confidential information.
The franchisee is required to provide satisfactory evidence of their compliance with these obligations within 30 days after the effective date of the termination, expiration, or transfer of the agreement. This ensures that the franchisee no longer represents or operates as a Bigfoot Forestry business after the agreement ends, protecting the brand's identity and reputation.