What must a Body20 franchisee do if there is an infringement of their use of 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 any other person or entity attempts to use any of the Body20 marks or any imitation of the marks. Additionally, the franchisee must immediately notify Body20 of any infringement of or challenge to their use of any of the marks.
Body20 retains the right to take any action it deems appropriate to address the infringement or challenge, but the franchise agreement does not obligate Body20 to take action to protect the franchisee's right to use the marks, nor does it require Body20 to participate in the franchisee's defense or indemnify them for expenses or damages if the franchisee is involved in legal proceedings concerning the marks. Body20 has the right to control any administrative proceeding or litigation related to the marks and is entitled to retain any proceeds, damages, and other sums, including attorneys' fees, recovered in connection with such action.
The franchisee is required to execute all documents and provide any other assistance Body20 deems necessary for any proceeding or effort to maintain the validity and enforceability of the marks. Furthermore, if Body20 decides that a franchisee should modify or discontinue using any of the marks, or use substitute service marks or trademarks, the franchisee must comply with Body20's directions within a reasonable timeframe, without any obligation on Body20's part to reimburse the franchisee for the cost of compliance. This is a fairly typical arrangement in franchising, where the franchisor maintains control over its brand and trademarks, but it places the financial burden of changes squarely on the franchisee.