What am I required to do if I learn about an infringing use of 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, if a franchisee becomes aware of any infringing or challenging use of the Body Brain Center Marks, they must immediately notify Body Brain Center. However, Body Brain Center is not obligated to take any action they deem unwarranted.
Body Brain Center retains control over any proceedings or litigation involving its Marks, and franchisees are not permitted to control such actions. Franchisees may be required to assist Body Brain Center in these matters. If litigation forces Body Brain Center to modify or discontinue a licensed Mark, the franchisee must also comply with these changes. In such cases, Body Brain Center will reimburse the franchisee for tangible costs of compliance, such as changing brochures and business cards.
The franchisee is prohibited from contesting Body Brain Center's or BR Consulting's rights to the Marks, either directly or indirectly. Body Brain Center is not required to protect the franchisee's right to use the Marks, defend the franchisee in proceedings involving the Marks, or indemnify the franchisee for expenses or damages incurred in such proceedings. This means the franchisee bears the risk of costs associated with changes to marketing materials or potential legal challenges related to trademark usage.