Does the 1-800-GOT-JUNK? agreement give the franchisee any title to the System, Marks, or Copyright-Protected Materials?
1_800_Got_Junk Franchise · 2025 FDDAnswer from 2025 FDD Document
Nothing in this Agreement shall give
Franchisee any other right, title or interest in or to any part of the System, the Marks or the Copyright-
Protected Materials.
12.2
Inurement of Benefit/Assignment of Marks and System.
Franchisee acknowledges that
Franchisee’s use of the Marks, the System and any goodwill established by such use inures to the exclusive
benefit of Franchisor.
Franchisee hereby absolutely, irrevocably and unconditionally assigns and transfers
to Franchisor any and all right, title and interest throughout the world that Franchisee may now have or may
hereafter acquire in the Marks, the System and all related goodwill, other than the license granted hereby,
and waives in favor of Franchisor and its licensees and assignees all non-transferrable rights, including,
without limitation, moral rights, that Franchisee may have or acquire in, to or associated with the Marks or
the System.
If and to the extent that the foregoing assignment and transfer are not effective in respect of
4908-1371-6037.2
Franchise Agreement
4/22
any of the Marks or the System, then Franchisee shall hold in trust for the sole benefit of Franchisor, and
upon request shall irrevocably and unconditionally assign and transfer to Franchisor, all of Franchisee’s
right, title and interest throughout the world in, to and associated with the Marks and the System.
Source: Item 22 — Contracts (FDD page 24)
What This Means (2025 FDD)
According to the 2025 1-800-GOT-JUNK? Franchise Disclosure Document, the franchise agreement does not grant the franchisee any ownership or title to the System, Marks, or Copyright-Protected Materials. The agreement explicitly states that nothing within it provides the franchisee with any right, title, or interest in these assets.
Instead, the agreement emphasizes that the franchisee's use of the Marks, System, and any associated goodwill benefits the franchisor exclusively. The franchisee irrevocably assigns to 1-800-GOT-JUNK? any rights they might acquire in the Marks, System, and related goodwill, except for the license granted to operate the franchise. This assignment includes a waiver of non-transferable rights in favor of the franchisor.
If the assignment is deemed ineffective for any reason, the franchisee is obligated to hold all rights, titles, and interests in the Marks and System in trust for the sole benefit of 1-800-GOT-JUNK?, and must transfer these to the franchisor upon request. This ensures that 1-800-GOT-JUNK? retains complete control and ownership over its brand and operational systems, while the franchisee is granted a limited license to use them under the terms of the franchise agreement.