If Brain Balance is involved in litigation regarding the Marks or Copyrights, what is the franchisee's obligation?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
10.02. FRANCHISEE shall not harm, misuse, or bring into disrepute the name or character of "BBF," "Brain Balance®, "Brain Balance Program,®" or the Marks or any other trade name, trademark, service mark, service name, logo, or copyright of COMPANY or COMPANY's business or the business of any franchisee of COMPANY.
10.15.
FRANCHISEE shall not cause the words "Brain Balance®" or "Brain Balance Program®" to appear in any form, whether print, electronic media, or otherwise, on stationery, signs, advertising, electronic media, or otherwise, without complying with all COMPANY written instructions regarding appearance of the Marks.
- 10.16.
FRANCHISEE shall not utilize the name "Brain Balance®," or "Brain Balance Program®," or any of the Marks in connection with any purpose or service other than the operation of a Brain Balance® Center to the extent specifically permitted hereunder.
- 10.17. (a) All permanent staff of the Franchised Business shall execute Exhibit 3, the Confidentiality, Non-Solicitation, and Non-Compete Agreement as provided in the Operations Manual.
FRANCHISEE will take such action in connection therewith as may be required by COMPANY both during and upon termination of this Agreement in order to protect any trade secrets that are proprietary to COMPANY or any information, knowledge, or know-how deemed confidential under this Agreement.
- 10.18. (b) All advertising and promotional matter, whether printed or digital material, including without limitation, Internet, and other electronic media advertisements, transcripts of all radio and television advertisements, and the manner in which any of these will be used are subject to the prior written consent of COMPANY prior to use and shall be submitted to COMPANY for written approval prior to use.
If COMPANY does not approve the activities, materials, media, or use in writing within ten (10) days, the activity, material, media, and use will be deemed disapproved.
Source: Item 22 — CONTRACTS (FDD pages 70–72)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, Brain Balance franchisees have specific obligations regarding the brand's trademarks, service marks, logos, and copyrights. Franchisees must not harm, misuse, or bring into disrepute the Brain Balance name, Brain Balance Program, or any of the Marks. This extends to all trade names, trademarks, service marks, logos, or copyrights associated with the company or its franchisees.
Franchisees are required to use the Brain Balance name and Marks only for operating a Brain Balance Center as specifically permitted by the franchise agreement. They must adhere to the company's written instructions regarding the appearance of the Marks in any form, including print and electronic media. Any proposed use of the Marks or advertising materials must receive prior written consent from Brain Balance, and failure to obtain approval within ten days results in automatic disapproval.
Furthermore, franchisees are obligated to protect Brain Balance's trade secrets and confidential information, taking necessary actions both during and after the franchise agreement to safeguard proprietary information. This includes ensuring that all permanent staff members sign a Confidentiality, Non-Solicitation, and Non-Compete Agreement. These measures collectively ensure the protection and proper use of Brain Balance's intellectual property and brand reputation.