Who has the right to control exclusively any litigation, Patent and Trademark Office proceeding or any other administrative proceeding related to Byrider's trademarks?
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.
Source: Item 13 — Trademarks (FDD pages 51–54)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, Byrider Franchising Partners has the sole right to control any litigation, Patent and Trademark Office (PTO) proceeding, or any other administrative proceeding related to challenges or infringements concerning any of Byrider's marks.
This means that if there is any legal action or administrative process related to Byrider's trademarks, Byrider Franchising Partners has the exclusive authority to manage and direct that process. As a franchisee, you are required to immediately notify Byrider Franchising Partners of any apparent infringement or challenge to your use of any mark, or any claim by any person of any rights in any mark. You are not allowed to communicate with anyone other than Byrider Franchising Partners, their attorneys, and your own attorneys regarding the infringement, challenge, or claim.
Furthermore, franchisees must sign any documents, provide assistance, and take any action deemed necessary by Byrider Franchising Partners' attorneys to protect Byrider's interests in any litigation, PTO, or other proceedings. This obligation ensures that Byrider maintains control over its trademarks and can act to protect them effectively.
In the event of a trademark infringement challenge, Byrider may direct a franchisee to modify or discontinue the use of any mark, or to use substitute marks. Franchisees must comply with these directions within a reasonable time. Byrider will reimburse franchisees for reasonable direct expenses of changing printed advertising and marketing materials for which the franchisee has paid. However, Byrider is not obligated to reimburse franchisees for any loss of revenue or expenditures to promote a modified or substitute trademark.