Does Body20 have the right to take action against infringement 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, Body20 retains the right to take action against infringement of its trademarks. As a franchisee, you are obligated to notify Body20 immediately if you become aware of any unauthorized use or challenges to the Body20 marks. While Body20 has the right to take action they deem appropriate to protect their trademarks, the Franchise Agreement does not obligate them to take action or to participate in a franchisee's defense if the franchisee is involved in legal proceedings related to the marks.
Body20 maintains control over any administrative or legal proceedings related to its marks and is entitled to all proceeds, damages, and other sums, including attorney's fees, recovered from such actions. As a franchisee, you must assist Body20 by executing documents and providing necessary support for any proceedings or efforts to maintain the validity and enforceability of the marks.
Furthermore, Body20 has the authority to direct franchisees to modify or discontinue the use of any marks, or to use additional or substitute service marks or trademarks. Franchisees must comply with these directions within a reasonable timeframe specified by Body20, and Body20 is not obligated to reimburse franchisees for any costs incurred in complying with these directions. This highlights the importance of franchisees adhering to Body20's brand standards and trademark usage guidelines to avoid potential conflicts and ensure consistent brand representation.