With whom is a Face Foundrie franchisee permitted to communicate regarding an infringement of the Marks, besides their legal counsel?

According to Face Foundrie's 2025 Franchise Disclosure Document, a franchisee who discovers an infringement upon Face Foundrie's trademarks is permitted to communicate with the franchisor, in addition to their own legal counsel. The franchisee is obligated to notify Face Foundrie immediately of any apparent infringement or challenge to the use of any Mark or any claim by another person of any rights in any Mark.

This requirement ensures that Face Foundrie maintains control over its brand and intellectual property. By centralizing communication and legal action through the franchisor, Face Foundrie can ensure a consistent and strategic approach to protecting its trademarks. This is a common practice in franchising, as it allows the franchisor to leverage its resources and expertise to safeguard the brand's reputation and value.

The franchisee's role is primarily to report any potential infringements to Face Foundrie. They must also sign documents and provide assistance as needed to protect Face Foundrie's interests in any legal or administrative proceedings. This cooperation is essential for Face Foundrie to effectively defend its trademarks and prevent unauthorized use by third parties. The franchisee is limited in taking independent action, as Face Foundrie retains sole discretion over legal proceedings related to trademark protection.

This clause protects the brand and ensures consistent management of trademark issues. However, it also means the franchisee must rely on Face Foundrie to take appropriate action. A prospective franchisee should consider the implications of this arrangement and ensure they are comfortable with the level of control Face Foundrie maintains over trademark-related matters.