What rights does Bombs Away protect regarding the use of its principal trademarks?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
franchise.
Protection of Rights
We protect your right to use the principal trademarks listed in this Item, and we protect you against claims of infringement or unfair competition arising out of your use of the trademarks, to the extent described in this section.
The franchise agreement obligates you to notify us of the use of, or claims of rights to, a trademark identical to or confusingly similar to a trademark licensed to you. The franchise agreement does not require us to take affirmative action when notified of these uses or claims. We have the right to control any administrative proceedings or litigation involving a trademark licensed by us to you.
If you use our trademarks in accordance with the franchise agreement, then (i) we will defend you (at our expense) against any legal action by a third-party alleging infringement by your use of the trademark, and (ii) we will indemnify you for expenses and damages if the legal action is resolved unfavorably to you.
Under the franchise agreement, we may require you to modify or discontinue using a trademark, at your expense.
Superior Prior Rights and Infringing Uses
We do not know of either superior prior rights or infringing uses that could materially affect your use of the principal trademarks.
Item 14
PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION
Patents
We do not own rights in, or licenses to, patents that are material to the franchise. We do not have any pending patent applications.
Source: Item 13 — TRADEMARKS (FDD pages 24–25)
What This Means (2024 FDD)
According to Bombs Away's 2024 Franchise Disclosure Document, Bombs Away protects the franchisee's right to use the principal trademarks. Bombs Away also protects franchisees against claims of infringement or unfair competition arising from their use of the trademarks, as outlined in the relevant section of the FDD. The franchise agreement requires franchisees to notify Bombs Away of any use of, or claims to, a trademark that is identical or confusingly similar to the trademarks licensed to them. However, Bombs Away is not obligated to take any action upon receiving such notification, but retains the right to control any administrative or legal proceedings involving the licensed trademark.
If a franchisee uses Bombs Away's trademarks in accordance with the franchise agreement, Bombs Away will defend the franchisee (at Bombs Away's expense) against any legal action by a third party alleging trademark infringement. Bombs Away will also indemnify the franchisee for expenses and damages if the legal action is resolved unfavorably to the franchisee. However, Bombs Away retains the right to require the franchisee to modify or discontinue using a trademark, and the franchisee will bear the expense of doing so.
The FDD states that Bombs Away is unaware of any superior prior rights or infringing uses that could materially affect a franchisee's use of the principal trademarks. The principal trademarks that Bombs Away licenses to franchisees are owned by them and registered on the Principal Register of the United States Patent and Trademark Office. All required affidavits have been filed. One of the principal trademarks is "Bombs Away!" which was registered on November 21, 2023, with a registration number of 7224671 and a renewal date of November 21, 2029.