What must a Black Bear Diner franchisee do to assist in protecting the Marks in litigation?
Black_Bear_Diner Franchise · 2025 FDDAnswer from 2025 FDD Document
You must immediately notify us of any apparent infringement of or challenge to your use of any Mark, or claim by any person of any rights in any Marks, and you may not communicate with any person other than us and our counsel regarding any infringements, challenges or claims, unless you are legally required to do so. We may take whatever action we deem appropriate in these situations, and have the right to control exclusively any settlement, litigation or PTO or other proceeding arising out of any alleged infringement, challenge or claim or otherwise concerning any Mark. You must execute any instruments and documents, render assistance, take actions which in the opinion of our counsel, may be necessary or advisable to protect and maintain our interests in any litigation or other proceeding or to otherwise protect and maintain our interests in the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 37–39)
What This Means (2025 FDD)
According to Black Bear Diner's 2025 Franchise Disclosure Document, franchisees have specific obligations regarding the protection of the brand's trademarks. If a franchisee becomes aware of any potential infringement or challenges to the use of the Black Bear Diner Marks, they must immediately notify Black Bear Diner. The franchisee is not allowed to communicate with anyone other than Black Bear Diner and its counsel about these issues unless legally required to do so. This ensures that Black Bear Diner maintains control over the response and strategy for addressing the infringement or challenge.
Black Bear Diner retains the exclusive right to manage any settlement, litigation, or proceedings related to alleged infringement, challenges, or claims concerning the Marks. This is a standard practice in franchising, as the franchisor has the most significant stake in protecting the brand's intellectual property.
To further assist in protecting the Marks, a Black Bear Diner franchisee must execute any documents, provide assistance, and take actions deemed necessary or advisable by Black Bear Diner's counsel. This may include providing information, signing affidavits, or participating in legal proceedings. These obligations are in place to ensure that Black Bear Diner can effectively defend its trademarks and that the franchisee actively supports these efforts.
It is important for prospective franchisees to understand these obligations, as failure to comply could result in a breach of the franchise agreement. Franchisees should be prepared to cooperate fully with Black Bear Diner in any legal matters related to the Marks.