Is Bigfoot Forestry required to participate in a franchisee's defense or indemnify them in trademark-related proceedings?
Bigfoot_Forestry Franchise · 2025 FDDAnswer from 2025 FDD Document
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, Bigfoot Forestry is not obligated to defend or indemnify franchisees in trademark-related legal proceedings. Specifically, the Franchise Agreement does not require Bigfoot Forestry to protect a franchisee's right to use the trademarks, shield them from infringement claims, or cover their expenses if they are involved in a legal dispute concerning the trademarks. This means that if a franchisee faces a trademark infringement claim due to their use of Bigfoot Forestry's marks, they will be responsible for their own defense and any associated costs.
This arrangement places the burden of risk and expense related to trademark disputes solely on the franchisee. While Bigfoot Forestry will take action it deems appropriate if a franchisee discovers an infringing use of the marks, they are not required to take any action if they do not feel it is warranted. The franchisee cannot control any proceeding or litigation involving Bigfoot Forestry's marks.
In the franchise industry, it is not uncommon for franchisors to retain control over trademark-related legal matters, as the trademarks are a critical asset of the franchise system. However, the level of support and protection offered to franchisees can vary. Prospective Bigfoot Forestry franchisees should carefully consider this aspect and factor in the potential costs and risks associated with trademark disputes when evaluating the franchise opportunity. It would be prudent to inquire about any history of trademark disputes involving Bigfoot Forestry and to seek legal counsel to fully understand their obligations and potential liabilities related to trademark use.
Bigfoot Forestry has registered trademarks with the United States Patent and Trademark Office, including "BIGFOOT FORESTRY" under registration numbers 7149001 and 7149079, both registered on August 29, 2023. While Bigfoot Forestry states they intend to file all renewals by the required renewal date, franchisees should be aware that the franchisor may change the trademarks they may use from time to time, and the franchisee must change to the new trademark at their own expense.