What is the Christian Brothers Automotive franchisee's obligation if Christian Brothers Automotive takes action to defend its trademark?
Christian_Brothers_Automotive Franchise · 2025 FDDAnswer from 2025 FDD Document
You must notify CBAC immediately when you learn about any actual or possible infringement of or challenge to your use of our trademark. CBAC will take the action we think is appropriate. Although CBAC is not required to defend you against a claim for your use of our marks, we may reasonably defend you against a claim against your authorized use of our trademark, or we may reimburse you for your liability and reasonable costs in connection with defending CBAC's trademark. We will control any litigation or proceeding. To receive reimbursement, you must have notified CBAC immediately when you learned of the infringement or challenge. In the event CBAC takes action to defend its trademark and/or to prosecute infringers, you will be obligated to cooperate fully (including participating in any legal proceeding) pursuant to the Franchise Agreement (see Section 5.07).
Source: Item 13 — TRADEMARKS (FDD pages 54–56)
What This Means (2025 FDD)
According to the 2025 Christian Brothers Automotive Franchise Disclosure Document, if Christian Brothers Automotive decides to take action to defend its trademark or prosecute infringers, the franchisee is obligated to cooperate fully. This includes participating in any legal proceedings as required by Section 5.07 of the Franchise Agreement.
This obligation means that a franchisee may need to allocate time and resources to assist Christian Brothers Automotive in legal matters related to trademark protection. This could involve providing documentation, offering testimony, or actively participating in the legal process. The extent of the cooperation required will depend on the specifics of the legal action being taken by Christian Brothers Automotive.
While Christian Brothers Automotive may reasonably defend a franchisee against claims related to authorized trademark use or reimburse the franchisee for associated liabilities and reasonable costs, the franchisee's cooperation is mandatory when Christian Brothers Automotive initiates action to protect its trademark. Franchisees must promptly notify Christian Brothers Automotive of any potential trademark infringement or challenges to ensure eligibility for defense or reimbursement.