What common law rights does Pearce Bespoke claim in connection with the Business?
Pearce_Bespoke Franchise · 2025 FDDAnswer from 2025 FDD Document
We claim common law rights to the Marks and other terms and phrases used regularly in connection with the Business. We also claim common law rights to our designs, logos, and trade dress items, including color schemes and appearance, as well as copyright where applicable, but there have not been judicial determinations of the existence, validity, or extent of our rights. We claim and intend to rely on common law and/or statutory trade secret, and unfair competition protection for the proprietary materials and information you are awarded a license to use under the Franchise Agreement.
Source: Item 13 — TRADEMARKS (FDD page 29)
What This Means (2025 FDD)
According to the 2025 Pearce Bespoke Franchise Disclosure Document, Pearce Bespoke claims common law rights to its Marks, terms, and phrases regularly used in connection with the Business. These rights also extend to Pearce Bespoke's designs, logos, and trade dress items, including color schemes and overall appearance. Where applicable, Pearce Bespoke also asserts copyright protections. However, the FDD notes that there have been no judicial determinations confirming the existence, validity, or extent of these rights. Pearce Bespoke also intends to rely on common law and/or statutory trade secret and unfair competition protection for the proprietary materials and information licensed to franchisees under the Franchise Agreement.
Pearce Bespoke has registered the mark "Pearce Bespoke" (logo) with the Supplemental Register of the USPTO under U.S. Registration No. 6868173, registered on October 4, 2022. Pearce Bespoke states that it intends to file all necessary affidavits and documents to maintain its interest in the Marks upon renewal or at any other required time.
Pearce Bespoke does not have any requirements to protect franchisees against infringement or unfair competition claims arising from the use of the Marks, nor is it obligated to participate in the franchisee's defense or indemnify them. Pearce Bespoke retains the right to control any trademark litigation and will take action it deems appropriate if a third party infringes on its Marks. Franchisees are required to promptly notify Pearce Bespoke of any infringement or unauthorized use of the Marks and cooperate with any action Pearce Bespoke undertakes. Pearce Bespoke will cover the costs and expenses of litigation, including attorney's fees, specifically related to the Marks, but is not required to take affirmative action upon notification of such uses or claims. If a third party claim of superior rights to any Marks is confirmed by Pearce Bespoke, franchisees must immediately make changes and use substitutions to the Marks as required by Pearce Bespoke, at their own expense.