What intellectual property claims can Bombs Away Franchising pursue in court?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
- (d) Intellectual Property Claims.
Either party may bring a claim involving an alleged infringement of any of Bombs Away Franchising's intellectual property rights in a court authorized to hear such claims under Section 17.5 of this Agreement.
Source: Item 22 — CONTRACTS (FDD pages 35–36)
What This Means (2024 FDD)
According to Bombs Away's 2024 Franchise Disclosure Document, Bombs Away Franchising retains the right to pursue claims in court involving alleged infringements of its intellectual property rights. This means that while most disputes are subject to arbitration, Bombs Away can bypass arbitration and directly sue in court to protect its trademarks, confidential information, and other intellectual property.
This is significant for a prospective franchisee because it highlights the importance of strictly adhering to Bombs Away's guidelines regarding the use of its marks and confidential information. Franchisees must use the trademarks and service marks only as specified by Bombs Away and protect all customer data and non-public data generated by the business, as this information is exclusively owned by Bombs Away.
Furthermore, the franchise agreement specifies that any legal proceeding not required to be submitted to arbitration will be brought in the United States District Court where Bombs Away Franchising's headquarters is located. This clause ensures that Bombs Away can protect its intellectual property rights through court action, should it deem necessary, and dictates where such legal proceedings will occur.