Under what conditions will Brueggers Bagels defend a franchisee against claims of infringement related to Proprietary Marks or Works?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
- f) Defend you against any claim that your use of the Proprietary Marks (as defined in Item 13) or the Works (as defined in Item 14) infringes the rights of third parties. (Section 10.5 of the Franchise Agreement; Section 3.7 of the License Agreement)
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, MANUALS AND TRAINING (FDD pages 32–42)
What This Means (2025 FDD)
According to Brueggers Bagels's 2025 Franchise Disclosure Document, Brueggers Bagels will defend a franchisee against any claim that the franchisee's use of the Proprietary Marks or the Works infringes upon the rights of third parties. This obligation is part of the continuing support Brueggers Bagels provides after the bakery opens. This is a standard practice in franchising, as the franchisor owns the intellectual property and is responsible for its protection.
This commitment means that if a third party claims that a Brueggers Bagels franchisee is infringing on their trademarks or copyrighted works by using Brueggers Bagels's Proprietary Marks or Works, Brueggers Bagels will take on the responsibility of defending the franchisee in the legal matter. This protection is a significant benefit for franchisees, as it can save them substantial legal costs and time.
However, it is important to note that this defense is contingent on the franchisee using the Proprietary Marks and Works in accordance with the franchise agreement and the standards set by Brueggers Bagels. Any unauthorized use or modification of these marks or works could void this protection. Franchisees should ensure they fully understand and adhere to the guidelines provided by Brueggers Bagels regarding the use of their intellectual property to maintain this safeguard.