Is Pearce Bespoke required to take affirmative action when notified of infringement claims?
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 is not required to take affirmative action when notified of infringement claims. However, if a third party infringes on Pearce Bespoke's marks, Pearce Bespoke reserves the right to control any trademark litigation and will take action it believes is appropriate.
As a Pearce Bespoke franchisee, you are required to promptly notify Pearce Bespoke if you become aware of any infringement or unauthorized use of the marks and must cooperate with any action Pearce Bespoke decides to take. Pearce Bespoke will cover the costs and expenses of litigation, including attorney's fees, specifically related to the marks.
If another party claims superior rights to the marks and Pearce Bespoke confirms that claim, the franchisee must, at their own expense, immediately make changes and use any substitutions to the marks that Pearce Bespoke requires. This means that while Pearce Bespoke will handle and pay for litigation they initiate, franchisees are responsible for costs incurred to change their branding if a superior claim is validated.