What is Bombs Away's obligation to protect a franchisee's rights to use trademarks in Minnesota?

According to Bombs Away's 2024 Franchise Disclosure Document, the franchisor has an obligation to protect a franchisee's rights to use trademarks, service marks, trade names, logotypes, or other commercial symbols in Minnesota. Bombs Away will also indemnify the franchisee from any losses, costs, or expenses arising out of any claim, suit, or demand regarding the use of the name. Minnesota law considers it unfair for Bombs Away not to protect the franchisee's right to use the trademarks. This protection is mandated by Minnesota Statutes, Section 80C.12, Subd. 1(g).

This clause ensures that Bombs Away franchisees operating in Minnesota can use the brand's trademarks and other commercial symbols without fear of legal challenges related to trademark infringement. If a franchisee faces a claim or lawsuit due to the use of these trademarks, Bombs Away is obligated to cover the franchisee's losses, costs, and expenses. This obligation provides a significant layer of security for franchisees, as trademark disputes can be costly and time-consuming.

This requirement is specific to Minnesota due to state laws designed to protect franchisees. Prospective franchisees should be aware of these protections, as they offer additional security compared to franchisees in states without such regulations. Franchisees should consult with legal counsel to fully understand their rights and protections under Minnesota law.