Who has the right to control litigation involving the Bumble Roofing 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.
Source: Item 13 — TRADEMARKS (FDD pages 39–40)
What This Means (2025 FDD)
According to Bumble Roofing's 2025 Franchise Disclosure Document, Bumble Roofing and/or Lynx IP have the right to control any administrative proceedings or litigation involving the Bumble Roofing Marks.
This means that if there is a legal dispute about the trademarks, Bumble Roofing, or its affiliate Lynx IP, will decide how to handle the case. As a franchisee, you must notify Bumble Roofing immediately if you learn of any infringement or challenges to the use of the marks and cooperate with them and/or Lynx IP in any action they deem necessary to protect the unauthorized use of the marks.
If Bumble Roofing and/or Lynx IP require a franchisee to join in any action, Bumble Roofing will cover the franchisee's out-of-pocket expenses. However, Bumble Roofing and/or Lynx IP are not required to participate in the franchisee's defense or cover expenses or damages if the franchisee is involved in a trademark-related proceeding that is resolved unfavorably to them. This highlights the importance of adhering to Bumble Roofing's trademark usage guidelines and seeking their approval for any marketing or branding initiatives.
This arrangement is fairly typical in franchising, as the franchisor needs to protect its brand and trademarks consistently across all franchise locations. Franchisees benefit from the brand's reputation but must also adhere to the franchisor's control over trademark-related legal matters.