Protecting the franchised brand Horst Becker Ariathes
Protecting the franchised brand The trademark is a core element of the franchise system!! There is no franchising without trademark!! © 2014
Who should take the lead? Franchisor should consider itself responsible for: (i) trademark registration (WIPO, OHIM, national IP offices); (ii) defense of the trademark; and (iii) registration and defense of domain names © 2014
Defense of the trademark Action against infringers Infringement actions by third parties against the franchisor and/or the franchisee © 2014
Action against infringers Screening the market for infringers Legal action against infringer © 2014
Screening the market The franchisor and the franchisee should do it Franchisee should be obliged to report © 2014
Legal Action against infringers Franchisor should take the lead; Franchisee should assist; Check national provisions concerning the right to claim; Damages: Joint action by franchisor and franchisee is advisable © 2014
Infringement actions by third parties Often such an action is directed against a franchisee; Franchisor should take the lead nevertheless: as an intervenor; or by paying and instructing the franchisee‘s attorney © 2014
Registration and defense of domain names Registration is a task of the franchisor Defense against infringers: WIPO UDRP-procedure © 2014