Can an Auntie Annes franchisee use the Marks as part of a domain name without consent?

According to Auntie Anne's 2024 Franchise Disclosure Document, franchisees cannot use any of Auntie Anne's Marks as part of a domain name without express consent from Auntie Anne's. The franchise agreement states that franchisees may only use designated Marks in their franchised business and must comply with the written rules prescribed by Auntie Anne's. This limited license includes adherence to all applicable standards, operating procedures, policies, and guidelines, as well as all applicable laws pertaining to advertising and marketing.

Specifically, franchisees are prohibited from using any Mark or similar designations as part of any domain name, electronic address, metatag, search engine keyword, social media account, or in connection with any website or other electronic medium without Auntie Anne's explicit consent. This restriction ensures that Auntie Anne's maintains control over its brand identity and online presence. Any materials displaying the Marks require prior written approval from Auntie Anne's, which can be revoked with reasonable notice.

Furthermore, Auntie Anne's retains the right to manage digital marketing efforts. Unless Auntie Anne's provides written consent, franchisees cannot directly or indirectly engage in any digital marketing that uses the Marks or relates to the franchised business. If digital marketing is permitted, franchisees must adhere to Auntie Anne's standards, use approved materials, and include required information and links. Auntie Anne's also has the option to register domain names and license them back to the franchisee under a separate agreement, with the franchisee responsible for all associated costs. These measures collectively ensure brand consistency and protect Auntie Anne's intellectual property rights.