What assistance is a Byrider franchisee obligated to provide in litigation or administrative proceedings related to the Marks?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
- 8.3 Infringement. The Franchisee shall immediately notify the Company in writing of any apparent infringement of or challenge to the Franchisee's use of the Marks and of any claim by any person of any rights in the Marks or in any similar trade name, trademark, service mark or logo of which the Franchisee becomes aware. The Franchisee shall not directly or indirectly communicate with any person other than the Company, Company's counsel and its counsel in connection with any such infringement, challenge or claim. The Company shall have sole discretion and exclusive right to take such action as it deems appropriate to control any litigation, U.S. Patent and Trademark Office proceeding or other administrative proceeding arising out of such infringement, challenge or claim or otherwise relating to the Marks. The Franchisee shall execute any and all instruments and documents, render such assistance, and do such acts and things as may, in the opinion of the Company's counsel, be necessary or advisable to protect and maintain the interests of the Company in any such litigation or administrative proceedings, or to otherwise protect and maintain the interest of the Company in the Marks.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, a franchisee must immediately inform Byrider in writing if they notice any infringement or challenges to their use of Byrider's Marks, or any claims of rights to the Marks or similar trademarks. The franchisee cannot communicate with anyone about the issue except Byrider and their respective legal counsel. Byrider has the sole right to manage any litigation, U.S. Patent and Trademark Office, or other administrative proceedings related to the Marks.
Specifically, the franchisee is obligated to execute documents, provide assistance, and perform actions that Byrider's counsel deems necessary to protect Byrider's interests in any litigation or administrative proceedings, or to otherwise protect Byrider's interest in the Marks. This means a franchisee must cooperate fully with Byrider in any legal matters concerning the brand's trademarks.
This obligation ensures that Byrider maintains control over its brand and trademarks, which are critical assets for the franchise system. By requiring franchisees to assist in legal matters, Byrider aims to protect its brand identity and prevent unauthorized use of its Marks. Franchisees should be aware that this assistance could involve time and effort on their part, as directed by Byrider and its legal team.