Is a Boulder Designs franchisee required to be a witness in legal proceedings related to 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.
Source: Item 13 — TRADEMARKS (FDD pages 34–36)
What This Means (2025 FDD)
According to Boulder Designs's 2025 Franchise Disclosure Document, franchisees are required to be a witness in legal proceedings related to the company's trademarks. Specifically, the franchise agreement mandates that franchisees agree to be a witness in any legal, mediation, or arbitration proceeding on Boulder Designs's behalf. This obligation is part of the broader requirement that franchisees must take actions deemed advisable by Boulder Designs's counsel to protect and maintain the company's interests in its trademarks.
This requirement places a legal obligation on the franchisee to cooperate with Boulder Designs in defending its trademarks. It means that a franchisee may be called upon to provide testimony or evidence in court or other legal settings. Failure to comply with this requirement could potentially lead to legal consequences for the franchisee, as it is a condition of the franchise agreement.
In addition to being a witness, franchisees must also immediately notify Boulder Designs of any apparent infringement of, or challenge or claim to the use of any Marks. They must be in complete compliance with their Franchise Agreement and allow Boulder Designs to take whatever action it deems appropriate in these situations. Boulder Designs maintains exclusive control over any settlement or proceeding concerning any Mark.
These stipulations are fairly standard in franchising, as franchisors need to protect their brand and trademarks. By including these requirements in the franchise agreement, Boulder Designs ensures that it can effectively defend its trademarks and brand identity, which are critical assets for the entire franchise system.