What assistance must a Bumper Man franchisee provide to protect and maintain Bumper Man's interests in any litigation or proceeding related to the Bumper Man trademarks?
Bumper_Man Franchise · 2025 FDDAnswer from 2025 FDD Document
You must promptly notify us of any infringement of the Marks or of any challenge to the use of any of the Marks or claim by any person of any rights in any of the Marks. You and your principals must agree not to communicate with any person other than us, any designated affiliate, and our or their counsel about any infringement, challenge, or claim. We or our affiliates have sole discretion to take any action we deem appropriate and the right to exclusively control any litigation, or U.S. Patent and Trademark Office (or other) proceeding, from any infringement, challenge, or claim concerning any of the Marks. You must sign all instruments and documents and give us any assistance that, in our counsel's opinion, may be necessary or advisable to protect and maintain our interests or those of our affiliates in any litigation or proceeding or to otherwise protect and maintain our or their interest in the Marks.
We are not obligated to protect your rights to use the Marks or to protect you against claims of infringement or unfair competition. We are not obligated to participate in your defense and/or indemnify you for expenses or damages if you are a party to an administrative or judicial proceeding involving the Marks or if the proceeding is resolved unfavorably to you.
Source: Item 13 — TRADEMARKS (FDD pages 29–31)
What This Means (2025 FDD)
According to Bumper Man's 2025 Franchise Disclosure Document, franchisees have specific obligations to assist in protecting Bumper Man's trademark interests. If a franchisee becomes aware of any infringement or challenge to the use of Bumper Man's trademarks, or any claim by another party regarding rights to those trademarks, they must promptly inform Bumper Man.
The franchisee and their principals must refrain from communicating with anyone other than Bumper Man, its designated affiliates, or their legal counsel regarding any such infringement, challenge, or claim. Bumper Man retains the sole discretion to take any action it deems appropriate and has the exclusive right to control any litigation or proceeding related to the trademarks.
To support Bumper Man's efforts to protect its trademarks, franchisees must sign all necessary documents and provide any assistance that Bumper Man's counsel considers necessary or advisable. This support is crucial to protect and maintain Bumper Man's interests, as well as those of its affiliates, in any litigation or proceeding concerning the trademarks. However, Bumper Man is not obligated to protect the franchisee's right to use the marks or to defend the franchisee against claims of infringement or unfair competition.
This means that while franchisees are required to actively assist Bumper Man in protecting its trademarks, they should not expect Bumper Man to automatically defend them in legal matters related to trademark use. Franchisees should be aware of this potential risk and consider seeking their own legal counsel if they face such claims.