With whom are Bumper Man franchisees and their principals prohibited from communicating regarding any infringement, challenge, or claim 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 and their principals are restricted in who they can communicate with regarding any issues related to the Bumper Man trademarks. Specifically, if there is an infringement, challenge, or claim related to the trademarks, franchisees and their principals must not communicate with any person other than Bumper Man, any designated affiliate, and Bumper Man's or their counsel.
This restriction is in place to ensure that Bumper Man maintains control over how any legal issues related to their trademarks are handled. By centralizing communication, Bumper Man can ensure a consistent and strategic approach to protecting their brand. This is a fairly standard practice in franchising, as franchisors need to protect their trademarks, which represent the brand's identity and reputation.
The FDD states that Bumper Man or its affiliates have the sole discretion to take any action they deem appropriate and have 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. Franchisees are also required to sign all necessary documents and provide assistance to protect Bumper Man's interests in any legal proceedings. This underscores the franchisee's obligation to cooperate fully with Bumper Man in protecting the trademarks.
While franchisees are required to report any potential trademark issues to Bumper Man, the company is not obligated to protect the franchisee's rights to use the marks or to defend them against claims of infringement or unfair competition. This means that if a franchisee is involved in a legal proceeding related to the trademarks, Bumper Man is not required to participate in their defense or indemnify them for expenses or damages. Prospective franchisees should be aware of this and consider seeking legal counsel to understand their rights and responsibilities in such situations.