What must a Byrider franchisee do if they become aware of any infringement or challenge to the use of 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 the 2025 Byrider Franchise Disclosure Document, a franchisee has specific obligations regarding the brand's trademarks. If a Byrider franchisee becomes aware of any apparent infringement or challenge to their use of the Marks, or any claim by any person of rights in the Marks or similar trade names, trademarks, service marks, or logos, they must immediately notify Byrider in writing.
The franchisee is explicitly prohibited from communicating directly or indirectly with any person other than Byrider, Byrider's counsel, and its counsel regarding any such infringement, challenge, or claim. This ensures that Byrider maintains control over the legal strategy and response to any potential trademark issues.
Byrider retains sole discretion and the exclusive right to take action it deems appropriate, including controlling litigation, proceedings with the U.S. Patent and Trademark Office, or other administrative proceedings related to the Marks. The franchisee is obligated to execute documents, provide assistance, and perform actions deemed necessary by Byrider's counsel to protect Byrider's interests in any litigation or administrative proceedings, or to otherwise protect and maintain Byrider's interest in the Marks.