Who owns the rights, title, and interest in the Marks for Bananas Smoothies Frozen Yogurt?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
As between the parties, Franchisee acknowledges Franchisor's ownership of all right, title, and interest in and to the Marks, the identification schemes, standards, specifications, operating procedures, and other concepts embodied in the System.
Franchisee accordingly agrees that any unauthorized use of the System and the Marks is and shall be deemed an infringement of Franchisor's rights; that, except as expressly provided by this Agreement, Franchisee acquires no right, title, or interest therein; that any and all goodwill associated with the System and the Marks shall inure exclusively to Franchisor's benefit; and that, upon the expiration or termination of this Agreement, no monetary amount shall be assigned as attributable to any goodwill associated with Franchisee's use of the System and the Marks.
Source: Item 23 — RECEIPT (FDD pages 58–231)
What This Means (2025 FDD)
According to the 2025 Bananas Smoothies Frozen Yogurt FDD, Everything Yogurt Brands, LLC owns all rights, title, and interest in the brand's Marks. The FDD emphasizes that franchisees acknowledge this ownership.
As a Bananas Smoothies Frozen Yogurt franchisee, you recognize that any unauthorized use of the Marks is an infringement of the franchisor's rights. Your rights to use the Marks are derived solely from the Franchise Agreement, meaning you can only use them while operating in compliance with the agreement. The agreement does not grant you any goodwill or other interests in the Marks; instead, any goodwill established through your use of the Marks benefits the franchisor exclusively.
The FDD states that franchisees must use the Marks in compliance with the franchisor's rules and cannot use them as part of any corporate name or with unauthorized modifications. Franchisees are also required to notify the franchisor of any apparent infringement or challenges to the use of the Marks, with the franchisor having the sole discretion to take action. Furthermore, franchisees cannot contest the franchisor's ownership or rights to the Marks.
If the franchisor deems it advisable to modify or discontinue the use of any Marks, franchisees must comply, with the franchisor only obligated to reimburse direct costs of compliance. This reinforces that Everything Yogurt Brands, LLC maintains ultimate control and ownership over the Bananas Smoothies Frozen Yogurt Marks, which is typical in franchising.