With whom is a Buff City Soap franchisee prohibited from communicating regarding trademark infringement, challenges, or claims?
Buff_City_Soap Franchise · 2025 FDDAnswer from 2025 FDD Document
You must notify us immediately of any apparent infringement or challenge to its use of any Mark or other intellectual property, or of any claim by any person of any rights in any Mark or other intellectual property and will not communicate with any person other than us and our attorneys, and your attorneys, in connection with any such infringement, challenge or claim. We have the sole right and option to take such action as we deem appropriate and the right to control exclusively any litigation arising out of any such infringement, challenge or claim or otherwise relating to any Mark or other intellectual property, including the taking of such legal steps as may be available to us under applicable law to prevent infringement of the rights granted under the Franchise Agreement. You will sign any and all instruments and documents, render such assistance and do such acts and things as, in the opinion of our attorneys, may be necessary or advisable to protect and maintain our interests in the Marks or other intellectual property.
Source: Item 13 — TRADEMARKS (FDD pages 46–48)
What This Means (2025 FDD)
According to Buff City Soap's 2025 Franchise Disclosure Document, a franchisee is restricted in who they can communicate with regarding any potential trademark issues. Specifically, if a franchisee becomes aware of any apparent infringement or challenge to the use of a Buff City Soap mark, or any claim by any person of rights to a mark, the franchisee must immediately notify Buff City Soap.
Importantly, the franchisee is prohibited from communicating with any person other than Buff City Soap, their attorneys, and the franchisee's own attorneys regarding the infringement, challenge, or claim. This restriction ensures that Buff City Soap maintains control over the response to any trademark issues and can coordinate a unified legal strategy.
Buff City Soap retains the sole right and option to take action they deem appropriate, including controlling any litigation arising from such issues. The franchisee is obligated to sign documents and provide assistance as deemed necessary by Buff City Soap's attorneys to protect the interests in the marks. This clause highlights the importance of franchisees promptly reporting any potential trademark issues to Buff City Soap and adhering to the franchisor's directions in handling such matters.