What constitutes an infringement of 360 Painting's rights regarding the use of Marks?
360_Painting Franchise · 2025 FDDAnswer from 2025 FDD Document
ll use of the Marks and to remove all copies, replicas, reproductions or simulations thereof from the Business and the Vehicles and to take all necessary steps to assign, transfer or surrender to Franchisor, as appropriate, or otherwise place in Franchisor or its designees title to all such names or marks (other than the Marks) which Franchisee may have used during the term of
this Agreement in connection with the operation of the Business. Franchisee hereby acknowledges that Franchisor owns and controls the System and all of its components.
- 14.2 Use of the Marks. In order to protect the Marks, the System, and the goodwill associated therewith, Franchisee shall, unless Franchisor otherwise consents in writing:
- (i) Only use the Marks designated by Franchisor, and only in the manner authorized and permitted by Franchisor. Franchisee shall not make any changes or substitutions whatsoever in or to the use of the Marks unless directed by Franchisor in writing. Franchisee's right to use the Marks is limited to such uses as are authorized under this Agreement, and only for the sale of services and products expressly authorized by Franchisor, and any unauthorized use thereof shall constitute an infringement of Franchisor's rights and a breach of this Agreement;
- (ii) Only use the Marks for the operation of the Business or in advertising for the Business. Franchisee must not register, attempt to register, obtain any ownership in, or otherwise utilize any website, domain name, URL, social media account, Internet presence or other electronic communications portal relating to the Business that has not been previously approved by the Franchisor.
Source: Item 21 — FINANCIAL STATEMENTS (FDD page 56)
What This Means (2025 FDD)
According to the 2025 FDD, an infringement of 360 Painting's rights regarding the use of its Marks occurs if a franchisee's right to use the Marks exceeds the authorization granted in the agreement. This includes using the Marks for selling services and products not expressly authorized by 360 Painting. Franchisees must only use Marks designated by 360 Painting and in the manner authorized. Any changes or substitutions to the Marks are prohibited unless directed in writing by 360 Painting.
Specifically, franchisees must operate and advertise their business only under the name "360 Painting" or other designated Marks, without any unauthorized prefixes or suffixes, unless instructed otherwise to describe the location of the business. Franchisees cannot use the Marks, including the name "360 Painting," in their corporate or legal name without prior written consent from 360 Painting if the franchisee is a corporation, LLC, partnership, or other entity.
Furthermore, franchisees are prohibited from establishing any website, social media account, or any other form of internet presence using the Marks or anything similar to "360 Painting" without obtaining prior written consent from 360 Painting. The franchisor retains the right to pre-approve the franchisee's use of linking and framing between the franchisee's web pages and other websites. Franchisees are obligated to promptly inform 360 Painting in writing of any infringements or imitations of the Marks or the System.