Does the Body20 Franchise Agreement require Body20 to protect a franchisee's right to use the Body20 marks?
Body20 Franchise · 2025 FDDAnswer from 2025 FDD Document
You must promptly notify us if any other person or Entity attempts to use any of the Marks or any colorable imitation of any of the Marks. You must immediately notify us of any infringement of or challenge to your use of any of the Marks. We will have the right to take any action that we deem appropriate, but the Franchise Agreement does not require us to take any action to protect your right to use any of the Marks or to participate in your defense and/or indemnify you for expenses or damages if you are a party to an administrative or judicial proceeding involving any of the Marks. We will have the right to control any administrative proceeding or litigation related to the Marks. We will be entitled to retain any and all proceeds, damages, and other sums, including attorneys' fees, recovered or owed to us or our affiliates in connection with any such action. You agree to execute all documents and, render any other assistance we may deem necessary to any such proceeding or any effort to maintain the continued validity and enforceability of the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 53–54)
What This Means (2025 FDD)
According to Body20's 2025 Franchise Disclosure Document, Body20 is not required to take action to protect a franchisee's right to use the Body20 marks. While franchisees must notify Body20 of any potential infringement or challenges to the use of the marks, the Franchise Agreement stipulates that Body20 has the right, but not the obligation, to take action it deems appropriate.
This means that if another entity infringes on the Body20 trademarks, Body20 is not legally bound to defend the franchisee's right to use those marks. Body20 retains the right to control any administrative or legal proceedings related to the marks and is entitled to any proceeds or damages recovered. Franchisees are obligated to assist Body20 in these proceedings by executing documents and providing necessary assistance.
This arrangement places the responsibility and cost of defending the trademarks primarily on Body20's discretion, which may leave franchisees vulnerable if Body20 chooses not to act. Prospective franchisees should consider this when evaluating the risks associated with the Body20 franchise and may want to discuss with Body20 what specific situations would trigger them to act to protect the marks.