Who has control over any settlement concerning a Boulder Designs trademark?
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.
Source: Item 13 — TRADEMARKS (FDD pages 34–36)
What This Means (2025 FDD)
According to Boulder Designs's 2025 Franchise Disclosure Document, Boulder Designs retains exclusive control over any settlement or proceeding concerning its trademarks. As a franchisee, you must immediately notify Boulder Designs of any apparent infringement or challenges to the use of their trademarks. You must also be in complete compliance with your Franchise Agreement and allow Boulder Designs to take any action they deem appropriate.
This means that if there is a dispute over the Boulder Designs trademark, the franchisor, not the franchisee, decides how to resolve it, including any settlements. The franchisee is required to cooperate with Boulder Designs in these situations, including acting as a witness in legal proceedings if necessary.
Furthermore, franchisees are 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. This ensures that Boulder Designs maintains a unified and consistent approach to protecting its brand and trademarks.