What must I do if there is any claim by any person of any rights in any Byrider Mark?
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.
If, in the circumstance of a trademark infringement challenge, Byrider Franchising Partners in its sole discretion directs you to modify or discontinue the use of any Mark or use one or more additional or substitute trade or service marks, you must comply with Byrider Franchising Partners' directions within a reasonable time after receiving notice. Byrider Franchising Partners will reimburse you for your reasonable direct expenses of changing printed advertising and marketing materials for which you have paid. However, Byrider Franchising Partners will not be obligated to reimburse you for any loss of revenue attributable to any modified or discontinued Mark or for any expenditures you make to promote a modified or substitute trademark or service mark.
Byrider Franchising Partners will indemnify you against and reimburse you for all damages for which you are held liable in any proceeding from your authorized use of any Mark, and for all costs you reasonably incur in defending any claim brought against you or any proceeding in which you are named as a party, if you have timely notified Byrider Franchising Partners of the claim or proceeding and otherwise have complied with the Franchise Agreement. Byrider Franchising Partners is entitled, at its option, to defend and control the defense of any proceeding resulting from your use of any Mark.
Source: Item 13 — Trademarks (FDD pages 51–54)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, if a franchisee becomes aware of any claim by any person of any rights in any Byrider Mark, the franchisee must immediately notify Byrider Franchising Partners. The franchisee is restricted from communicating with anyone about the claim other than Byrider Franchising Partners, their attorneys, and the franchisee's own attorneys.
Byrider Franchising Partners retains sole discretion to take any action it deems appropriate regarding the claim and has the exclusive right to control any related litigation, Patent and Trademark Office proceeding, or other administrative proceeding. The franchisee is obligated to sign documents, provide assistance, and take actions deemed necessary by Byrider's attorneys to protect Byrider's interests in any litigation or proceeding.
If Byrider directs a franchisee to modify or discontinue the use of any Mark, or to use substitute marks, the franchisee must comply within a reasonable time after receiving notice. Byrider will reimburse the franchisee for reasonable direct expenses of changing printed advertising and marketing materials for which the franchisee has already paid. However, Byrider will not reimburse the franchisee for any loss of revenue attributable to the modified or discontinued Mark or for expenditures to promote a modified or substitute trademark or service mark.
Byrider will indemnify the franchisee against damages for which the franchisee is held liable in any proceeding from authorized use of any Mark, and for costs reasonably incurred in defending any claim brought against them, provided the franchisee has timely notified Byrider of the claim and complied with the Franchise Agreement. Byrider has the option to defend and control the defense of any proceeding resulting from the franchisee's use of any Mark.