Who has the sole discretion to take action regarding 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
se the Marks in a manner material to the franchise.
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.
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 sole discretion regarding any legal matters pertaining to Byrider's trademarks. Specifically, Byrider Franchising Partners has the authority to decide on the appropriate course of action and has the exclusive right to control any litigation, Patent and Trademark Office (PTO) proceedings, or other administrative actions related to infringement, challenges, or claims concerning any of Byrider's marks.
This means that if a franchisee becomes aware of any potential infringement or challenge to the use of Byrider's trademarks, they must immediately notify Byrider Franchising Partners. The franchisee is not allowed to communicate with anyone else about the issue, except their own attorneys and Byrider Franchising Partners' attorneys. Byrider maintains complete control over how these situations are handled.
Furthermore, the franchisee is obligated to assist Byrider in protecting its trademark interests. This includes signing documents and taking actions deemed necessary by Byrider Franchising Partners' attorneys. While Byrider maintains control, they also offer some protection to the franchisee. Byrider Franchising Partners will indemnify the franchisee against damages they are held liable for in any proceeding resulting from the authorized use of Byrider's marks, provided the franchisee has properly notified Byrider of the claim and complied with the Franchise Agreement. Byrider also has the option to defend and control the defense of any proceeding resulting from the franchisee's use of Byrider's marks.