What is a Pearce Bespoke franchisee's obligation to cooperate with any action that Pearce Bespoke takes regarding trademark infringement?
Pearce_Bespoke Franchise · 2025 FDDAnswer from 2025 FDD Document
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, a franchisee is obligated to cooperate with any action that Pearce Bespoke takes regarding trademark infringement. Specifically, the franchisee must notify Pearce Bespoke promptly if they become aware of any infringement or unauthorized use of the Marks.
This means that if a Pearce Bespoke franchisee notices someone else using the Pearce Bespoke logo or a confusingly similar mark, they are required to inform Pearce Bespoke. The franchisee is then expected to assist Pearce Bespoke in any legal or other actions the company decides to take to protect its trademarks.
Pearce Bespoke retains control over trademark litigation and decides on the appropriate action if a third party infringes on their Marks. While Pearce Bespoke will cover the costs of litigation related to the Marks, they are not obligated to take any action upon notification of infringement. If a third party's claim to the Marks is superior, the franchisee must, at their own expense, make any changes or substitutions to the Marks that Pearce Bespoke requires.