What must a Bumble Roofing franchisee do to assist Bumble Roofing in protecting its interests in litigation or proceedings related to Copyright Works, Confidential Information or Trade Secrets?
Bumble_Roofing Franchise · 2025 FDDAnswer from 2025 FDD Document
You must notify us within 3 days after you learn about another's use of language, a visual image, or a recording of any kind, that you perceive to be identical or substantially similar to one of our Copyright Works or use of our Confidential Information or Trade Secrets or if someone challenges your use of our Copyright Works, Confidential Information or Trade Secrets. We or our affiliates will take whatever action we deem appropriate, in our sole and absolute discretion, to protect our rights in and to the Copyright Works, Confidential Information or Trade Secrets, which may include payment of reasonable costs associated with the action. However, the Franchise Agreement does not require us to take affirmative action in response to any apparent infringement of or challenge to your use of any Copyright Works, Confidential Information or Trade Secrets or claim by any person of any rights in any Copyright Works, Confidential Information or Trade Secrets. You must not directly or indirectly contest our rights to any of our Copyright Works, Confidential Information or Trade Secrets. You may not communicate with anyone except us and our counsel with respect to any infringement, challenge or claim. We will have discretion to take action as we deem appropriate regarding any infringement, challenge or claim, and the sole right to control exclusively any litigation or other proceeding arising out of any infringement, challenge or claim under any Copyright Works, Confidential Information or Trade Secrets. You must sign any and all instruments and documents, give the assistance, and do acts and things that may, in the opinion of our counsel, be necessary to protect and maintain our interests in any litigation or proceeding or to protect and maintain our interests in the Copyright Works, Confidential Information or Trade Secrets. If we require you to modify or discontinue any Copyright Works, Confidential Information or Trade Secrets, you must do so at your own expense.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 40–42)
What This Means (2025 FDD)
According to Bumble Roofing's 2025 Franchise Disclosure Document, a franchisee has specific obligations to assist Bumble Roofing in protecting its intellectual property. If a franchisee becomes aware of potential infringement or challenges to Bumble Roofing's Copyright Works, Confidential Information, or Trade Secrets, they must notify Bumble Roofing within 3 days. This includes instances where someone else is using similar language, visual images, or recordings, or if the franchisee's own use is challenged.
Bumble Roofing retains sole discretion over any legal action to protect its intellectual property. The franchisee is prohibited from directly or indirectly contesting Bumble Roofing's rights to its Copyright Works, Confidential Information, or Trade Secrets, and they cannot communicate with anyone other than Bumble Roofing and its counsel regarding any infringement, challenge, or claim. This ensures that Bumble Roofing maintains control over its legal strategy and public statements related to these sensitive matters.
To further assist Bumble Roofing, a franchisee must sign any documents, provide assistance, and perform any actions deemed necessary by Bumble Roofing's counsel to protect and maintain their interests in any litigation or proceeding. This could involve providing testimony, gathering evidence, or executing legal documents. If Bumble Roofing requires a franchisee to modify or discontinue using any Copyright Works, Confidential Information, or Trade Secrets, the franchisee must do so at their own expense. This highlights the franchisee's responsibility to adapt to Bumble Roofing's directives to safeguard its intellectual property rights.