With whom is a Body Brain Center franchisee permitted to communicate regarding intellectual property infringements besides the franchisor?
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 the 2025 Body Brain Center Franchise Disclosure Document, a franchisee is only permitted to communicate with Body Brain Center and their counsel regarding any intellectual property infringements, challenges, or claims. This means that if a franchisee suspects someone is infringing on Body Brain Center's intellectual property, or if they face a claim related to intellectual property, they must report it directly to Body Brain Center.
The franchisee is explicitly prohibited from discussing the matter with any other party besides Body Brain Center and its legal counsel. This restriction ensures that Body Brain Center maintains control over how such issues are handled, protecting the brand's intellectual property rights consistently across all franchise locations.
This requirement is fairly standard in franchising, as franchisors typically want to control the management and outcome of intellectual property matters to ensure brand consistency and legal protection. A prospective Body Brain Center franchisee should understand that they cannot independently address potential infringements or claims, but must rely on the franchisor to take appropriate action.