What must a Bumble Roofing franchisee do if they learn about an infringement of the Marks?
Bumble_Roofing Franchise · 2025 FDDAnswer from 2025 FDD Document
You must notify us immediately when you learn about an infringement of or challenge to your use of the Marks. We and/or Lynx IP may take whatever action we deem necessary to protect the unauthorized use of the Marks and you must cooperate with us and/or Lynx IP. We have the right to control any administrative proceedings or litigation involving the Marks. If we and/or Lynx IP require you to join in any action, we will pay for your out-of-pocket expenses. We and/or Lynx IP are not required to participate in your defense or indemnify you for expenses or damages if you are a party to an administrative or judicial proceeding involving a trademark licensed by us to you or if the proceeding is resolved unfavorably to you.
You must modify or discontinue the use of a Mark if we modify or discontinue the Mark. If this happens, we will reimburse you for your tangible out of pocket cost of compliance (for example, changing letterhead and business cards). You must not directly or indirectly contest our rights to the Marks, or any other trademarks, trade names, service marks, logos, trade secrets or business techniques that are part of our business.
Source: Item 13 — TRADEMARKS (FDD pages 39–40)
What This Means (2025 FDD)
According to Bumble Roofing's 2025 Franchise Disclosure Document, a franchisee must immediately notify Bumble Roofing if they become aware of any infringement or challenges to the use of the Marks. Bumble Roofing and/or Lynx IP (an affiliate of Bumble Roofing) will then decide what action to take to address the unauthorized use of the Marks, and the franchisee is required to cooperate with them.
Bumble Roofing retains the right to control any administrative or legal proceedings related to the Marks. If Bumble Roofing or Lynx IP requires the franchisee to participate in any action, they will cover the franchisee's out-of-pocket expenses. However, Bumble Roofing is not obligated to defend the franchisee or cover their expenses or damages if the franchisee is involved in a trademark-related administrative or judicial proceeding, especially if the outcome is unfavorable to the franchisee.
Furthermore, if Bumble Roofing modifies or discontinues a Mark, the franchisee must also modify or discontinue its use. In such cases, Bumble Roofing will reimburse the franchisee for their tangible out-of-pocket costs of compliance, such as changing letterhead and business cards. The franchisee is prohibited from directly or indirectly challenging Bumble Roofing's rights to the Marks or any other trademarks, trade names, service marks, logos, trade secrets, or business techniques associated with the business.