If a Bumble Roofing franchisee learns of a challenge to their use of the Marks, what are they required to do?
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.
Source: Item 13 — TRADEMARKS (FDD pages 39–40)
What This Means (2025 FDD)
According to Bumble Roofing's 2025 Franchise Disclosure Document, franchisees are required to take specific actions if they become aware of any challenges to their use of the Marks. Specifically, the franchisee must immediately notify Bumble Roofing when they learn of an infringement or challenge to their use of the Marks. This immediate notification is a critical requirement outlined in the Franchise Agreement.
Bumble Roofing, along with its affiliate Lynx IP, has the authority to take any action they deem necessary to address the unauthorized use of the Marks. The franchisee is obligated to cooperate fully with Bumble Roofing and Lynx IP in these efforts. This cooperation may involve providing information, documentation, or other assistance as required. Bumble Roofing retains the right to control any administrative proceedings or litigation related to the Marks, ensuring a unified and strategic approach to protecting their brand.
If Bumble Roofing or Lynx IP requires the franchisee to join in any legal action, Bumble Roofing will cover the franchisee's out-of-pocket expenses. However, Bumble Roofing is not obligated to participate in the franchisee's defense or provide indemnity for expenses or damages if the franchisee is involved in an administrative or judicial proceeding concerning a trademark licensed by Bumble Roofing, especially if the proceeding is resolved unfavorably to the franchisee. This clarifies the financial responsibilities and potential risks for the franchisee in such situations.