Does Bigfoot Forestry have an obligation to take action against infringing uses of 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 must notify Bigfoot Forestry immediately if they discover any infringing use of the trademarks. However, Bigfoot Forestry retains discretion regarding any action taken in response to such infringement. The FDD states that Bigfoot Forestry is not required to take any action if they do not feel it is warranted, and the franchisee may not control any legal proceedings involving the trademarks.
This means that while Bigfoot Forestry encourages franchisees to report potential trademark infringements, they are not legally obligated to pursue every case. This decision is at Bigfoot Forestry's discretion. This could be due to various factors, such as the severity of the infringement, the cost of legal action, or the likelihood of success.
Furthermore, the Franchise Agreement explicitly states that Bigfoot Forestry is not required to protect the franchisee's right to use the marks, protect them against infringement claims, or participate in their defense if legal proceedings arise. This places the responsibility and potential costs of defending against trademark-related claims primarily on the franchisee. This is a notable risk for prospective franchisees, as they could face legal challenges related to trademark use without direct support from Bigfoot Forestry.