What assistance must a Body Brain Center franchisee provide in intellectual property litigation?
Body_Brain_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
You must immediately notify us of any: (i) apparent infringement of any of our Intellectual Property; (ii) challenge to your use of any of our Intellectual Property; or (iii) claim by any person of any rights in any of our Intellectual Property.
You may not communicate with any person other than us and our counsel in connection with any such infringement, challenge or claim.
We will have sole discretion to take such action as we deem appropriate.
We have the right to exclusively control any litigation, Patent and Trademark Office proceeding, or other proceeding arising out of any such infringement, challenge or claim.
You agree to execute any and all instruments and documents, render such assistance, and do such acts and things as may, in the opinion of our counsel, be necessary or advisable to protect and maintain our interest in any such litigation, Patent and Trademark Office proceeding or other proceeding, or to otherwise protect and maintain our interest in the Intellectual Property.
Source: Item 23 — RECEIPT (FDD pages 43–178)
What This Means (2025 FDD)
According to Body Brain Center's 2025 Franchise Disclosure Document, franchisees have specific obligations to assist in protecting the company's intellectual property. If there is any apparent infringement of Body Brain Center's intellectual property, a challenge to the franchisee's use of it, or a claim by someone else to rights in the intellectual property, the franchisee must inform Body Brain Center immediately. The franchisee is not allowed to communicate with anyone about the issue other than Body Brain Center and its counsel. Body Brain Center retains the sole right to decide what action to take.
Specifically, the franchisee must provide assistance by executing documents and performing actions that Body Brain Center's counsel deems necessary to protect the company's intellectual property. This includes participating in litigation, proceedings at the Patent and Trademark Office, or other legal actions.
This obligation ensures that Body Brain Center can fully defend its intellectual property rights, which are critical to the brand's identity and success. Franchisees should be aware that this assistance is a mandatory part of their agreement and could require them to dedicate time and resources to legal matters. Failing to provide the required assistance could result in a breach of the franchise agreement.