What is a Face Foundrie franchisee's obligation if they notice an infringement on the Marks?
Face_Foundrie Franchise · 2025 FDDAnswer from 2025 FDD Document
- 5.04 Notification of Infringements and Claims. Franchisee must notify Franchisor immediately of any apparent infringement of or challenge to Franchisee's use of any Mark, or any claim by another Person of any rights in any Mark.
Franchisee may not communicate with any Person, other than its legal counsel, and Franchisor, in connection with any such infringement, challenge or claim.
Franchisor will have sole discretion to take such action as it deems appropriate and will have the right to control exclusively any litigation or U.S.
Patent and Trademark Office proceeding arising out of any such infringement, challenge or claim or otherwise relating to any Mark.
Franchisee must sign any and all documents, render such assistance and do such things as may be advisable in the opinion of Franchisor's counsel to protect Franchisor's interests in any litigation or U.S.
Patent and Trademark Office proceeding or other administrative proceeding or otherwise to protect its interests in the Marks.
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2025 FDD)
According to Face Foundrie's 2025 Franchise Disclosure Document, if a franchisee observes any potential infringement or challenges to their use of Face Foundrie's Marks, or if another party claims rights to any Mark, the franchisee must immediately inform Face Foundrie. The franchisee is restricted from communicating with anyone other than their legal counsel and Face Foundrie regarding the infringement, challenge, or claim.
Face Foundrie retains the sole right to decide on the appropriate course of action and has exclusive control over any litigation or proceedings at the U.S. Patent and Trademark Office related to the infringement, challenge, or claim concerning any Mark. The franchisee is obligated to sign documents and provide assistance as deemed necessary by Face Foundrie's legal counsel to protect Face Foundrie's interests in any legal or administrative proceedings related to the Marks.
This means that Face Foundrie franchisees play a crucial role in protecting the brand's intellectual property. However, they must follow Face Foundrie's lead in any legal matters. This approach is typical in franchising, as it allows the franchisor to maintain brand consistency and control over legal strategies. The franchisee's responsibility is primarily to report potential issues promptly and cooperate with Face Foundrie's legal efforts.