What must an Epcon Communities franchisee do if they find out someone else is using the Marks?

According to the 2025 Epcon Communities Franchise Disclosure Document, if a sublicensee becomes aware of any unauthorized use of the Development System, Epcon Communities Works, or the Marks by third parties, they must promptly notify both the franchisee and Epcon Communities. This requirement ensures that Epcon Communities is quickly informed of any potential infringement on its intellectual property.

Epcon Communities retains the sole and exclusive right and discretion to initiate infringement or unfair competition proceedings related to the Development System, Epcon Communities Works, or the Marks. This means that while the franchisee is responsible for reporting any unauthorized use, the decision to take legal action rests solely with Epcon Communities. This protects the brand's integrity and ensures consistent enforcement of its trademarks.

This process is typical in franchising, where the franchisor maintains control over its brand and trademarks. By centralizing the legal response to infringement, Epcon Communities can ensure a uniform and strategic approach to protecting its intellectual property rights. The franchisee's role is primarily to act as an informant, alerting Epcon Communities to potential issues so that appropriate action can be taken.