What are 'Identifiers' as defined in the 1 800 Packouts agreement regarding de-identification after termination or expiration?
1_800_Packouts Franchise · 2025 FDDAnswer from 2025 FDD Document
You agree that, upon the termination or expiration of this Agreement, you, unless we specify otherwise in writing:
- (1) may not directly or indirectly at any time or in any manner (a) identify yourself or any business as a current or former Franchised Business or as a franchisee or licensee of ours or our affiliates, (b) use any Mark, any colorable imitation thereof or other indicia of a Franchised Business in any manner or for any purpose, or (c) utilize for any purpose any trade name, trademark or service mark or other commercial symbol that suggests or indicates a connection or association with us or our affiliates;
- (2) must, at our option, either return to us or destroy all materials and supplies identified by the Marks or otherwise identifying or relating to a Franchised Business at your cost and without any reimbursement for any of these items;
- (3) must immediately take all action required (a) to cancel all assumed name or equivalent registrations relating to your use of the Marks and (b) to cancel or transfer to us or our designee
Source: Item 23 — RECEIPT (FDD pages 67–238)
What This Means (2025 FDD)
According to the 2025 1 800 Packouts Franchise Disclosure Document, after the franchise agreement terminates or expires, the franchisee must de-identify themselves from the 1 800 Packouts brand unless the franchisor specifies otherwise in writing. This means the franchisee cannot present themselves or their business as a current or former 1 800 Packouts franchisee or licensee.
Specifically, the franchisee is prohibited from using any of 1 800 Packouts' Marks, imitations of those Marks, or any other symbols that would indicate a connection to the 1 800 Packouts brand. The franchisee must also stop using any trade names, trademarks, service marks, or commercial symbols that suggest an association with 1 800 Packouts or its affiliates.
Furthermore, at 1 800 Packouts' option, the franchisee must either return or destroy all materials and supplies that feature the 1 800 Packouts Marks or otherwise identify or relate to the franchised business. This must be done at the franchisee's own cost, without any reimbursement from 1 800 Packouts. The franchisee is also required to take immediate action to cancel any assumed name registrations related to their use of the Marks and transfer or cancel those registrations as directed by 1 800 Packouts.