Who has the right to control litigation regarding the Byrider 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, Byrider retains sole discretion and exclusive right to control any litigation, U.S. Patent and Trademark Office proceeding, or other administrative proceeding arising out of infringement, challenge, or claim relating to the Byrider Marks. This means that Byrider, not the franchisee, decides how to handle any legal issues related to the trademarks, service marks, logos, and trade names used in the Byrider system.
As a Byrider franchisee, you are required to immediately notify Byrider in writing of any apparent infringement or challenge to your use of the Marks, or any claim by any person of any rights in the Marks. You are prohibited from communicating directly with anyone other than Byrider, Byrider's counsel, and your own counsel regarding such matters. This ensures that Byrider maintains a unified and strategic approach to protecting its brand and intellectual property.
Furthermore, the franchisee must execute any documents and provide assistance that Byrider's counsel deems necessary to protect Byrider's interests in any litigation or administrative proceedings related to the Marks. This obligation reinforces the franchisee's role as a supporter of Byrider's legal efforts, rather than an independent actor. This is a fairly standard clause in franchise agreements, as the franchisor has a vested interest in protecting its intellectual property and brand reputation.
In the event of a claim that another party's rights to the Marks are superior, Byrider has the sole discretion to determine if the claim is legally meritorious or if it is advisable to modify or discontinue the use of any of the Marks. If Byrider decides changes are necessary, the franchisee must immediately make those changes at their own expense. This highlights the franchisee's dependence on Byrider's decisions regarding the Marks and the potential costs associated with adapting to those decisions.