Besides Boulder Designs and its counsel, with whom is a Boulder Designs franchisee prohibited from communicating regarding an infringement of the Marks?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee acknowledges that Former Franchisees are in a position to compete unfairly with Franchisor, Franchisee and/or other members of the System, and cause great injury to the reputation of the System and/or the Proprietary Marks. Franchisee therefore agrees as follows:
- i. Franchisee will not sell, loan, give or otherwise transfer or deliver to any Former Franchisee, or allow any Former Franchisee to copy or otherwise obtain, any confidential business information about the System; any advertising or promotional materials produced by Franchisor or which bear any of the Proprietary Marks; any other of our materials or publications, including, without limitation, the Manual; any directory or roster of franchisees or Approved Suppliers, any other customer lists or mailing lists pertaining in any way to the System; or any other information about the Boulder Designs Business or the System which is not available to the public;
- ii. Franchisee will not refer prospective Customers to any Former Franchisee;
- iii. Franchisee will not notify or advise any Former Franchisee of, or in any other way assist any Former Franchisee in learning about, the date, time and place of any meetings of franchisees;
- iv. If Franchisee observes any Former Franchisee using any of the Proprietary Marks in any way, or utilizing business premises or motor vehicles from which the Proprietary Marks and/or distinctive color scheme have not been completely obliterated, Franchisee shall immediately report such observation to Us, along with all details available to Franchisee;
- v. Franchisee shall, in general, have no dealings with a Former Franchisee which Franchisee, under this Agreement, could not have with a person who has never been a Boulder Designs Franchisee; and
- vi. The provisions of this Section 13.13 shall apply to Franchisee upon notice of the expiration or termination of another Franchisee's Franchise Agreement.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, a franchisee is prohibited from communicating with former franchisees regarding infringements of the Proprietary Marks. Specifically, if a Boulder Designs franchisee observes a former franchisee using the Proprietary Marks in any way, or utilizing business premises or motor vehicles from which the Proprietary Marks and/or distinctive color scheme have not been completely obliterated, the franchisee must immediately report such observation to Boulder Designs, along with all available details.
This requirement is in place because Boulder Designs acknowledges that former franchisees are in a position to compete unfairly with Boulder Designs, current franchisees, and/or other members of the Boulder Designs system. Such unfair competition could cause great injury to the reputation of the system and/or the Proprietary Marks.
The franchisee is generally restricted from having dealings with a former franchisee that they could not have with a person who has never been a Boulder Designs franchisee. These provisions apply to the franchisee upon notice of the expiration or termination of another franchisee's Franchise Agreement.
This policy aims to protect the Boulder Designs brand and maintain uniformity across all franchises, even after a franchisee leaves the system. It ensures that former franchisees do not misuse the brand's assets or confidential information to compete unfairly, which could harm the overall network.