factual

With whom is a Byrider franchisee prohibited from communicating directly regarding trademark infringements, challenges, or claims, other than the Company and its counsel?

Byrider Franchise · 2025 FDD

Answer 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, Byrider franchisees are required to notify Byrider immediately in writing if they become aware of any potential infringement or challenges to the use of Byrider's trademarks.

The FDD explicitly states that franchisees are prohibited from directly or indirectly communicating with any person regarding trademark infringements, challenges, or claims, except for Byrider itself and its legal counsel. This restriction ensures that Byrider maintains control over its brand and legal strategy.

Byrider retains the sole discretion and exclusive right to take any action it deems necessary to manage litigation, U.S. Patent and Trademark Office proceedings, or other administrative actions related to infringements, challenges, or claims concerning the Byrider marks. Franchisees are obligated to assist Byrider by executing documents and providing necessary support to protect Byrider's interests in any legal or administrative proceedings.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.