Is unauthorized use of Marks by a Bumper Man franchisee an Event of Default?

According to the 2025 Bumper Man Franchise Disclosure Document, a franchisee's misuse or unauthorized use of the Marks is considered an Event of Default. This includes unauthorized use of the Marks on social media pages or other Internet sites, as well as registering a domain name that incorporates the Marks.

Bumper Man places significant importance on protecting its brand identity. The franchise agreement stipulates that the franchisee's right to use the Marks is solely derived from the agreement and is limited to operating the Bumper Business in compliance with the agreement. The franchisee's use of the Marks and any associated goodwill will exclusively benefit Bumper Man, and the agreement does not grant the franchisee any ownership interest in the Marks.

Franchisees must use the Marks as the sole identification of their Bumper Business, while also identifying themselves as the independent owner in a manner prescribed by Bumper Man. The agreement strictly prohibits franchisees from using any Mark as part of an entity name, with unauthorized prefixes or suffixes, in modified forms, or in connection with unauthorized services or products. They also cannot use the Marks as part of any domain name, electronic address, metatag, or on any website without express written authorization from Bumper Man.

These stipulations highlight the importance of adhering to Bumper Man's branding guidelines. Unauthorized use of the Marks not only constitutes a breach of the franchise agreement but also infringes upon Bumper Man's intellectual property rights, potentially leading to termination of the franchise agreement.