What action will Pearce Bespoke take if a third party infringes Pearce Bespoke's Marks?
Pearce_Bespoke Franchise · 2025 FDDAnswer from 2025 FDD Document
Pearce Bespoke is not required to protect you against infringement or unfair competition claims arising out of your use of the Marks, or to participate in your defense or indemnify you. Pearce Bespoke reserves the right to control any trademark litigation and will take the action Pearce Bespoke believes appropriate if a third party infringes Pearce Bespoke's Marks. You must notify Pearce Bespoke promptly if you become aware of any infringement or unauthorized use of the Marks and cooperate with any action that Pearce Bespoke takes. Pearce Bespoke will pay the cost and expense of all litigation Pearce Bespoke incurs, including attorneys' fees, specifically related to the Marks. However, Pearce Bespoke is not required to take affirmative action when notified of these uses or claims. If any party claims that its rights to use any of the Marks are superior and Pearce Bespoke confirms that claim, you must, at your expense, immediately make the changes and use the substitutions to the Marks as Pearce Bespoke requires.
Source: Item 13 — TRADEMARKS (FDD page 29)
What This Means (2025 FDD)
According to Pearce Bespoke's 2025 Franchise Disclosure Document, Pearce Bespoke reserves the right to control any trademark litigation and will take action it believes is appropriate if a third party infringes upon their Marks. While Pearce Bespoke will pay the costs and expenses of litigation, including attorney's fees, specifically related to the Marks, they are not required to take affirmative action when notified of these uses or claims.
It is the franchisee's responsibility to notify Pearce Bespoke promptly if they become aware of any infringement or unauthorized use of the Marks and to cooperate with any action that Pearce Bespoke takes. However, Pearce Bespoke is not required to protect the franchisee against infringement or unfair competition claims arising out of the franchisee's use of the Marks, or to participate in the franchisee's defense or indemnify them.
Furthermore, if any party claims superior rights to use any of the Marks and Pearce Bespoke confirms that claim, the franchisee must, at their own expense, immediately make the changes and use the substitutions to the Marks as Pearce Bespoke requires. This means a franchisee could incur unexpected costs to change their signage and marketing materials if a trademark dispute arises and Pearce Bespoke loses.