Is Bigfoot Forestry required to protect a franchisee's right to use the trademarks?
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 required to protect a franchisee's right to use the trademarks. The Franchise Agreement explicitly states that Bigfoot Forestry has no obligation to protect a franchisee's right to use the marks, defend against infringement claims, or cover expenses if a franchisee is involved in legal proceedings related to the trademarks. This means the franchisee bears the risk and cost if trademark issues arise.
This lack of protection extends to claims of infringement or unfair competition arising from the franchisee's use of the trademarks. If a franchisee is sued for trademark infringement, Bigfoot Forestry is not obligated to participate in the defense or cover any resulting expenses or damages. This could potentially expose franchisees to significant financial burdens if they face legal challenges related to the use of Bigfoot Forestry's trademarks.
While Bigfoot Forestry states they will take action they deem appropriate if notified of infringement, they are not required to take any action at all. The FDD also states that Bigfoot Forestry may change the trademarks that franchisees are allowed to use, and the franchisee must switch to the new trademark at their own expense. This could involve costs for new signage, marketing materials, and other branding updates.
Prospective franchisees should carefully consider these factors and conduct their own due diligence regarding the trademarks. It would be prudent to inquire with Bigfoot Forestry about any known risks or past issues related to trademark use and to assess the potential financial implications of defending against infringement claims.