Am I permitted to control any litigation involving the Body Brain Center Marks?
Body_Brain_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
You must notify us immediately when you learn about an infringing or challenging use of the Marks. We will take the action we think appropriate, but we are not required to take any action if we do not feel it is warranted. Specifically, we are not required to protect your right to use the Marks or protect you against claims of infringement or unfair competition arising out of your use of the Marks. We may require your assistance, but you are not permitted to control any proceeding or litigation involving our Marks. You must modify or discontinue the use of any Mark licensed to you if we are required to modify or discontinue use of the Mark as a result of litigation. If this happens, we will reimburse you for your tangible costs of compliance (e.g., changing brochures, business cards, etc.). You must not directly or indirectly contest our or BR Consulting's right to the Marks. Except as disclosed above, we are not required under the Franchise Agreement to: (i) protect your right to use the Marks or protect you against claims of infringement or unfair competition arising out of your use of the Marks; or (ii) participate in your defense or indemnify you for expenses or damages you incur if you are a party to an administrative or judicial proceeding involving our marks or if the proceeding is resolved in a manner that is unfavorable to you.
Source: Item 13 — TRADEMARKS (FDD pages 32–33)
What This Means (2025 FDD)
According to Body Brain Center's 2025 Franchise Disclosure Document, franchisees are not permitted to control any legal proceedings involving the Body Brain Center Marks. While franchisees must notify Body Brain Center immediately if they become aware of any infringing or challenging use of the Marks, Body Brain Center retains control over any resulting legal action. Body Brain Center is not obligated to take any action, and franchisees cannot contest Body Brain Center's or BR Consulting's rights to the Marks.
This means that as a Body Brain Center franchisee, you will have no say in how Body Brain Center chooses to defend its trademarks, even if the infringement directly impacts your franchise. You may be required to assist Body Brain Center in litigation, but you will not be able to direct the legal strategy or make decisions about settlement. This is a fairly standard clause in franchise agreements, as franchisors typically want to maintain complete control over their brand and trademarks.
If Body Brain Center is required to modify or discontinue a Mark due to litigation, franchisees must comply with these changes at their own expense. However, Body Brain Center will reimburse franchisees for tangible costs of compliance, such as changing brochures or business cards. While Body Brain Center is not required to protect a franchisee's right to use the Marks or defend them against infringement claims, this provision offers some financial protection in the event that changes are mandated due to legal action. Prospective franchisees should consider this when assessing the risks associated with the Body Brain Center franchise.