Is Body Brain Center required to take action against every infringing use of the 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, Body Brain Center is not required to take action against every infringing use of its trademarks. While franchisees must notify Body Brain Center immediately upon learning of any infringing use of the marks, Body Brain Center retains the discretion to decide what action, if any, is appropriate.
This means that a Body Brain Center franchisee cannot rely on the franchisor to actively police and defend the trademarks against all potential infringers. Body Brain Center explicitly states that it is "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." This places some risk on the franchisee, as they may encounter situations where the marks are being misused by others, potentially diluting the brand or causing confusion among customers, without Body Brain Center necessarily intervening.
Furthermore, Body Brain Center may require the franchisee's assistance in any proceedings or litigation involving the marks, but the franchisee is not permitted to control the legal process. If Body Brain Center is required to modify or discontinue the use of any mark due to litigation, the franchisee must comply with these changes at their own expense, although Body Brain Center will reimburse tangible costs of compliance such as changing brochures or business cards. Prospective franchisees should consider these factors and the potential costs and limitations associated with trademark protection when evaluating the Body Brain Center franchise opportunity.