With whom can a Bumble Roofing franchisee communicate regarding any infringement, challenge or claim 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 is severely restricted in who they can communicate with regarding any potential infringement, challenge, or claim related to Bumble Roofing's Copyright Works, Confidential Information, or Trade Secrets. Specifically, the franchisee is only permitted to communicate with Bumble Roofing and its counsel on these matters. This restriction is in place to allow Bumble Roofing to maintain exclusive control over any litigation or proceedings arising from such issues.
This stipulation means a Bumble Roofing franchisee cannot discuss these legal matters with other franchisees, external legal counsel without Bumble Roofing's explicit consent, or any third parties. The franchisee is obligated to report any potential infringements or challenges to Bumble Roofing within three days of becoming aware of them. Bumble Roofing retains the sole discretion to decide what action, if any, to take in response to these reports.
The franchisee is also required to assist Bumble Roofing in protecting its interests by signing documents and providing assistance as deemed necessary by Bumble Roofing's counsel. Furthermore, if Bumble Roofing requires the franchisee to modify or discontinue any use of Copyright Works, Confidential Information, or Trade Secrets, the franchisee must comply at their own expense. This arrangement places the responsibility for managing and defending intellectual property rights solely on Bumble Roofing, while the franchisee must adhere to Bumble Roofing's directives and bear any associated costs for modifications or discontinuation.