What is a Bumper Man franchisee's obligation if they become aware of any challenge to the use of 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 regarding the brand's trademarks. If a franchisee becomes aware of any infringement or challenge to the use of the Bumper Man trademarks, or any claim by another person regarding rights to those trademarks, they must promptly notify Bumper Man.
Furthermore, the franchisee and their principals must not communicate with anyone about the infringement, challenge, or claim, except for Bumper Man, its designated affiliates, and their respective legal counsel. Bumper Man retains sole discretion to take any action it deems appropriate and has the exclusive right to control any litigation or proceeding related to such infringement, challenge, or claim.
To further protect Bumper Man's interests, franchisees must sign all instruments and documents and provide any assistance that Bumper Man's counsel deems necessary or advisable. This ensures that Bumper Man can effectively protect and maintain its interests in the trademarks. However, Bumper Man is not obligated to protect the franchisee's right to use the marks or to defend or indemnify the franchisee in case of any administrative or judicial proceeding involving the trademarks.
This arrangement is typical in franchising, as the franchisor needs to maintain centralized control over its brand and trademarks. The franchisee's role is primarily to report any potential issues, while the franchisor manages the legal and strategic response.