What is the Body Brain Center franchisee's obligation regarding providing assistance in intellectual property litigation?
Body_Brain_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
- 17.7 Notification of Infringements and Claims.
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, franchisees have specific obligations to assist Body Brain Center in protecting its intellectual property. If a franchisee observes any potential infringement of Body Brain Center’s intellectual property, faces a challenge to their own use of it, or becomes aware of any claims against Body Brain Center's intellectual property rights, they must immediately inform Body Brain Center.
The franchisee is prohibited from communicating with anyone other than Body Brain Center and its legal counsel regarding any infringement, challenge, or claim. Body Brain Center retains the exclusive right to manage any litigation, proceedings before the Patent and Trademark Office, or other actions arising from such issues.
To protect Body Brain Center’s intellectual property, franchisees must execute documents, provide assistance, and perform actions deemed necessary by Body Brain Center’s counsel. This ensures that Body Brain Center can effectively defend its intellectual property rights, which is a common requirement in franchising to maintain brand consistency and protect the franchise system's assets.