Is Bumper Man obligated to protect a franchisee's rights to use the Bumper Man trademarks?

According to the 2025 Bumper Man Franchise Disclosure Document, Bumper Man is not obligated to protect a franchisee's rights to use the Bumper Man trademarks. Bumper Man also has no obligation to protect franchisees against claims of infringement or unfair competition. Furthermore, Bumper Man is not required to participate in a franchisee's defense or indemnify them for expenses or damages if the franchisee is involved in an administrative or judicial proceeding related to the trademarks, especially if the proceeding's outcome is unfavorable for the franchisee.

This means that as a Bumper Man franchisee, you bear the risk of trademark-related legal challenges. If someone claims you are infringing on their trademark by operating a Bumper Man franchise, Bumper Man is not required to defend you or cover your legal costs. This is a significant risk to consider, as legal battles can be expensive and time-consuming.

While Bumper Man is not obligated to protect your right to use the marks, franchisees must promptly notify Bumper Man 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. Franchisees must agree not to communicate with any person other than Bumper Man, any designated affiliate, and their counsel about any infringement, challenge, or claim. Bumper Man has sole discretion to take any action it deems 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. Franchisees must sign all instruments and documents and give Bumper Man any assistance that, in Bumper Man's counsel's opinion, may be necessary or advisable to protect and maintain their interests or those of their affiliates in any litigation or proceeding or to otherwise protect and maintain their or their interest in the Marks.

In the franchise industry, it is not uncommon for franchisors to retain control over trademark-related legal matters, as Bumper Man does. However, some franchisors may offer more support or indemnification to franchisees in such situations. Prospective franchisees should carefully evaluate the level of trademark protection and support offered by Bumper Man compared to other franchise opportunities.