Can a 7 Brew franchisee's agents copy or recreate the Marks or Specifications?
7_Brew Franchise · 2025 FDDAnswer from 2025 FDD Document
Without the prior written consent of Manufacturer or its affiliate Brew Culture Franchise (defined below), Owner shall not (1) use the Marks or Specifications in combination with any other trademarks, service marks, logos, trade names, company or business names, or other symbols, terms, or indicia of origin; (2) use or disclose the
Marks or Specifications for any purpose outside the scope of this Agreement; or (3) allow its agents, contractors or installers to copy or recreate the Marks or Specifications in any manner.
Owner acknowledges that Manufacturer and its affiliates are the sole and exclusive owner of all right, title, and interest in and to the Specifications including, without limitation, all copyrights, trademarks, patents, trade secrets, and other intellectual property rights related thereto. Any registrations or applications related to the Specifications including, without limitation, any trademark applications or patent applications, shall be filed at the option and expense of Manufacturer and its affiliates, prosecuted and maintained by Manufacturer and its affiliates at their option and expense, and any resulting patents or registrations shall be maintained, renewed, or extended at their option and expense. Nothing contained herein shall create, nor shall be construed as, an assignment to Owner of any right, title, or interest in or to the Specifications; it being acknowledged that all right, title, and interest in and to the Specifications are expressly reserved by Manufacturer and its affiliates. Owner agrees that it will do nothing inconsistent with Manufacturer and its affiliates' ownership of, or rights in, the Specifications, and that all use of the Specifications by Owner shall inure to the benefit of, and be on behalf of, Manufacturer and its affiliates.
Source: Item 23 — RECEIPTS (FDD pages 83–279)
What This Means (2025 FDD)
According to the 2025 FDD, 7 Brew franchisees are restricted from allowing their agents, contractors, or installers to copy or recreate the brand's Marks or Specifications. The Marks refer to the trademarks and goodwill associated with the "7 Brew Drive-Thru Coffee" brand. The Specifications pertain to the confidential and trade-secret Unit Specifications.
This restriction is in place to protect 7 Brew's proprietary rights and maintain brand consistency across all franchise locations. The franchisor, Manufacturer, retains ownership of all rights, titles, and interests in the Specifications, including copyrights, trademarks, patents, trade secrets, and other intellectual property rights. Franchisees acknowledge that any use of the Specifications will benefit the Manufacturer and its affiliates.
This means a 7 Brew franchisee cannot hire a third party to replicate the brand's logos, designs, or any other elements of the Specifications without prior written consent from the Manufacturer or its affiliate, Brew Culture Franchise. This includes preventing agents, contractors, or installers from recreating the Marks or Specifications in any manner. This provision ensures that the brand's identity and operational standards are uniformly maintained, preventing unauthorized alterations or reproductions that could dilute the brand or compromise its quality.