Does Brain Balance have an obligation to take action against others infringing on the Brain Balance trademarks?
Brain_Balance Franchise · 2025 FDDAnswer from 2025 FDD Document
BBF must be notified immediately if you learn about an infringement of, imitation of, or suspected unauthorized use of – or challenge to use – the Marks. Any judicial, arbitration, or administrative proceedings and actions involving the Marks will be controlled by us. We have the right, but not the obligation, to take action against uses by others that may constitute infringement of the Marks. We have the right, but not the obligation, to defend you against any third-party claim, suit, or demand arising out of your use of the Marks. Our current policy is to take appropriate action when a potential infringement of our name or the Marks has occurred. We are not obligated to participate in your defense and/or indemnify you for damages or expenses incurred if you are a party to an administrative or judicial proceeding involving the Marks.
Source: Item 13 — TRADEMARKS (FDD pages 49–51)
What This Means (2025 FDD)
According to Brain Balance's 2025 Franchise Disclosure Document, Brain Balance is not obligated to take action against uses by others that may infringe on its trademarks. However, Brain Balance retains the right to take action against uses by others that may constitute infringement of the Marks. Brain Balance also has the right, but not the obligation, to defend a franchisee against any third-party claim arising out of the franchisee's use of the Marks. Brain Balance's current policy is to take appropriate action when a potential infringement of its name or the Marks has occurred. However, Brain Balance is not obligated to participate in a franchisee's defense or indemnify them for damages or expenses if the franchisee is party to an administrative or judicial proceeding involving the Marks.
This means that while Brain Balance monitors and may act on infringements to protect its brand, franchisees cannot rely on Brain Balance to automatically pursue every potential infringement. It is up to Brain Balance to decide when and how to act.
As a franchisee, you are required to notify BBF immediately if you learn about any potential infringement of the Brain Balance trademarks. Franchisees are also required to adhere to Brain Balance's rules when using the Marks in any printed or digital form, including stationery, business cards, signs, advertisements, social media, and websites. The Marks cannot be used as part of your corporate name and may be used only in connection with the Franchised Business. Franchisees must not directly or indirectly contest Brain Balance's rights to its trademarks, trade secrets, or business techniques.