What must a Body20 franchisee do if another person attempts 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.
If we decide that you should modify or discontinue using any of the Marks, or use one or more additional or substitute service marks or trademarks, you must comply with our directions in the time that we reasonably specify, and neither we nor any of its affiliates will have any obligation to reimburse you for the cost of complying with our directions.
Source: Item 13 — TRADEMARKS (FDD pages 53–54)
What This Means (2025 FDD)
According to Body20's 2025 Franchise Disclosure Document, a franchisee must promptly notify Body20 if they become aware of any unauthorized use of the Body20 marks. This includes any attempt by another person or entity to use the marks or any imitation of them. Additionally, the franchisee must immediately inform Body20 of any infringement or challenge to their own use of the marks.
Body20 retains the right to take any action it deems appropriate to protect its trademarks, but the franchise agreement does not obligate Body20 to take action or to defend or indemnify the franchisee in legal proceedings related to the marks. Body20 also has the right to control any administrative or legal proceedings related to the marks and is entitled to all proceeds, damages, and attorneys' fees recovered from such actions.
The franchisee is required to assist Body20 in these efforts by executing necessary documents and providing any other assistance Body20 deems necessary to maintain the validity and enforceability of the marks. Furthermore, Body20 can direct the franchisee to modify or discontinue the use of any marks, or to use additional or substitute service marks or trademarks, without any obligation to reimburse the franchisee for the associated costs. This is a fairly standard clause in franchise agreements, as the franchisor needs to protect its brand and ensure consistent brand representation across all franchise locations.
In summary, while the franchisee has a responsibility to report any potential trademark infringement, Body20 maintains control over the legal strategy and outcomes related to its trademarks. The franchisee must comply with Body20's directives regarding the use of the marks, even if it involves additional costs, and must provide assistance in legal proceedings as needed.