Can I communicate with any person other than Byrider Franchising Partners, Byrider Franchising Partners' attorneys and my attorneys regarding an infringement, challenge or claim?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
You must notify Byrider Franchising Partners immediately of any apparent infringement or challenge to your use of any Mark, or of any claim by any person of any rights in any Mark, and you may not communicate with any person other than Byrider Franchising Partners, Byrider Franchising Partners' attorneys and your attorneys of this infringement, challenge or claim. Byrider Franchising Partners has sole discretion to take the action it deems appropriate and the right to control exclusively any litigation, Patent and Trademark Office proceeding or any other administrative proceeding from this infringement, challenge or claim concerning any Mark. You must sign any instruments and documents, provide any assistance and take any action that, in the opinion of Byrider Franchising Partners attorneys, may be necessary or advisable to protect and maintain Byrider Franchising Partners interests in any litigation or Patent and Trademark Office or other proceeding or otherwise to protect and maintain Byrider Franchising Partners interests in the Marks.
Source: Item 13 — Trademarks (FDD pages 51–54)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, if there is an apparent infringement or challenge to the use of any of Byrider's marks, or any claim by any person of any rights in any Mark, a franchisee must notify Byrider Franchising Partners immediately. The franchisee is restricted from communicating with any person other than Byrider Franchising Partners, Byrider Franchising Partners' attorneys, and the franchisee's attorneys regarding the infringement, challenge, or claim.
Byrider Franchising Partners retains sole discretion to take action it deems appropriate and has the exclusive right to control any litigation, Patent and Trademark Office proceeding, or any other administrative proceeding concerning any Mark. The franchisee is obligated to sign instruments and documents, provide assistance, and take action deemed necessary by Byrider Franchising Partners' attorneys to protect and maintain Byrider Franchising Partners' interests in any litigation, Patent and Trademark Office, or other proceeding, or to protect and maintain Byrider Franchising Partners' interests in the Marks.
This means that as a Byrider franchisee, you must immediately inform Byrider of any potential trademark issues and allow them to handle the legal aspects. You cannot independently discuss the matter with outside parties beyond your own legal counsel and Byrider's representatives. This protects Byrider's trademarks and ensures a consistent legal strategy. Failure to comply with these requirements could result in a breach of the franchise agreement.