What is a Bumper Man franchisee's obligation if they become aware of any infringement 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 the 2025 Bumper Man Franchise Disclosure Document, franchisees have specific obligations regarding the brand's trademarks. If a franchisee becomes aware of any infringement of the Bumper Man trademarks, they must promptly notify Bumper Man. Furthermore, the franchisee and their principals must not communicate with anyone other than Bumper Man, its designated affiliates, or their counsel regarding the infringement, challenge, or claim. This ensures that Bumper Man maintains control over how such matters are handled.
Bumper Man or its affiliates have the sole discretion to take any action they deem appropriate and have the exclusive right to control any litigation or proceedings related to the infringement, challenge, or claim concerning the trademarks. Franchisees are required to sign all instruments and documents and provide any assistance that Bumper Man's counsel deems necessary to protect and maintain Bumper Man's interests in any litigation or proceeding.
It is important to note that Bumper Man is not obligated to protect the franchisee's rights to use the trademarks or to protect them against claims of infringement or unfair competition. Bumper Man is also not obligated to participate in the franchisee's defense or indemnify them for expenses or damages if they are involved in an administrative or judicial proceeding related to the trademarks. This means the franchisee could potentially bear the costs of defending themselves in such cases, highlighting a potential financial risk.
This arrangement is fairly typical in franchising, where the franchisor retains ultimate control over the brand and its trademarks. However, the franchisee should be aware of their responsibilities to report infringements and cooperate with Bumper Man, as well as the potential costs they might incur if legal issues arise regarding trademark use.