Who should a Cool Binz franchisee contact if there is an infringement of the Cool Binz trademark?
Cool_Binz Franchise · 2025 FDDAnswer from 2025 FDD Document
You must notify us 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 not to communicate with any person other than us and our attorneys, and your attorneys, in any infringement, challenge, or claim.
Provided that you have timely notified us of the claim or proceeding and complied with the Franchise Agreement as we determine in our sole discretion, we shall indemnify and hold you harmless against any loss or expense incurred in connection with any such infringement, challenge or claim. If we, in our sole discretion, determine that you have not used the Marks in accordance with the Franchise Agreement, you will bear the cost of such defense, including the cost of any judgment or settlement.
Source: Item 13 — TRADEMARKS (FDD pages 49–50)
What This Means (2025 FDD)
According to Cool Binz's 2025 Franchise Disclosure Document, if a franchisee becomes aware of any potential infringement or challenge to the use of any Cool Binz mark, or any claim by another party regarding rights to a Cool Binz mark, the franchisee must immediately notify Cool Binz. The franchisee is instructed not to communicate with anyone else regarding the infringement, challenge, or claim, except for Cool Binz, their attorneys, and the franchisee's own attorneys.
This requirement ensures that Cool Binz maintains control over its brand and trademark protection. By centralizing communication and decision-making, Cool Binz can ensure a consistent and strategic approach to addressing any potential trademark issues. This also protects the franchisee by ensuring they do not take any action that could negatively impact Cool Binz's legal position.
Furthermore, provided the franchisee has promptly notified Cool Binz of the claim or proceeding and has complied with the Franchise Agreement, Cool Binz will indemnify and hold the franchisee harmless against any losses or expenses incurred due to the infringement, challenge, or claim. However, if Cool Binz determines that the franchisee has not used the marks in accordance with the Franchise Agreement, the franchisee will bear the cost of their defense, including any judgment or settlement costs. This underscores the importance of adhering to Cool Binz's guidelines for using its trademarks to maintain protection and avoid potential financial liabilities.
In summary, a Cool Binz franchisee must immediately contact Cool Binz upon discovering any potential trademark infringement and must not communicate with outside parties without Cool Binz's consent. Compliance with the Franchise Agreement regarding trademark usage is critical for franchisees to receive indemnification from Cool Binz in case of any legal challenges.