What is a Byrider franchisee obligated to do to assist the Company in protecting its 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.
- 8.4 Substitutions. If there is a claim by any party that its right to any use of the Marks are superior and if the Company determines that such claim is legally meritorious or if the Company determines, in its sole discretion, that it is advisable for the Company and/or the Franchisee to modify or discontinue the use of any of the Marks, and/or use one or more additional or substitute Marks then, upon notice from the Company, the Franchisee, at its expense, will immediately make such changes and amendments to the Marks and all materials on which the Marks are displayed as may be required by the Company.
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, service marks, and logos (collectively referred to as "Marks"). If a franchisee becomes aware of any potential infringement or challenge to their use of the Byrider Marks, or any claim by another party to rights in the Marks or similar branding, they must immediately notify Byrider in writing.
The franchisee is explicitly prohibited from communicating directly with any party other than Byrider, Byrider's counsel, or their own counsel regarding any such infringement, challenge, or claim. Byrider retains sole discretion and exclusive right to manage any litigation, U.S. Patent and Trademark Office proceeding, or other administrative action related to the Marks.
The Byrider 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 safeguard Byrider's interest in the Marks. Furthermore, if Byrider determines it's advisable to modify or discontinue the use of any Marks due to a claim of superior rights, the franchisee must, at their own expense, immediately make the required changes to the Marks and all materials displaying them, as directed by Byrider.