What actions must a Boulder Designs franchisee take to protect the trademarks?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
We will protect you against claims of infringement or unfair competition arising from your use of any Marks provided (a) you immediately notify us of any apparent infringement of, or challenge or claim to you use of any Marks, (b) you are in complete compliance with your Franchise Agreement; (c) you allow us to take whatever action we deem appropriate in these situations. This means we have exclusive control over any settlement or proceeding concerning any Mark; and (d) you agree to be a witness in any legal, mediation, or arbitration proceeding on our behalf. You must take any actions that, in the opinion of our counsel, may be advisable to protect and maintain our interests in any proceeding or to otherwise protect and maintain our interests in the Marks. You may not communicate with any person other than us and our counsel regarding any infringements, challenges or claims, however, you may communicate with your own counsel at your own expense.
You must use the Marks as the sole trade identification of the Franchised Business; however, you may not use any Mark or part of any Mark as part of your business entity name in any modified form. You may not use any Mark in connection with the sale of any unauthorized products or services, or in any other manner that we do not authorize in writing. You must obtain a fictitious or assumed name registration if required by your state or local law.
You must notify us in writing before applying for your own trademark or service mark registrations, whether state or federal. You must not register or seek to register as a trademark or service mark, either with the USPTO or any state or foreign country, any of the Marks or a trademark or service mark that is confusingly similar to any of our Marks.
You may not create or establish or operate an Internet site or website using any domain name containing, the words "Boulder Designs" or any variation thereof without our prior written consent.
Source: Item 13 — TRADEMARKS (FDD pages 34–36)
What This Means (2025 FDD)
According to Boulder Designs's 2025 Franchise Disclosure Document, franchisees have specific obligations to protect the brand's trademarks. If a franchisee becomes aware of any potential infringement or challenges to the use of Boulder Designs's trademarks, they must immediately notify the franchisor. Furthermore, the franchisee must be in full compliance with the Franchise Agreement. Boulder Designs retains exclusive control over any settlements or legal proceedings related to the trademarks, and the franchisee must allow Boulder Designs to take any action they deem necessary. The franchisee must also agree to act as a witness in any legal, mediation, or arbitration proceedings on Boulder Designs's behalf and take any actions deemed advisable by Boulder Designs's counsel to protect the trademarks.
A Boulder Designs franchisee is prohibited from communicating with anyone other than Boulder Designs and their counsel regarding infringements, challenges, or claims related to the trademarks, although they may consult with their own counsel at their own expense. The franchisee must use the trademarks as the sole trade identification for their franchised business and cannot use any trademark or part of a trademark as part of their business entity name or in connection with unauthorized products or services without written authorization from Boulder Designs. If required by state or local law, the franchisee must obtain a fictitious or assumed name registration.
The FDD also states that a Boulder Designs franchisee must obtain written consent from Boulder Designs before applying for their own trademark or service mark registrations and cannot register any marks confusingly similar to Boulder Designs's marks. Additionally, franchisees cannot create or operate an internet site or website using any domain name containing "Boulder Designs" or any variation thereof without prior written consent. These measures ensure that Boulder Designs maintains control over its brand identity and protects its trademarks from unauthorized use or infringement.