What constitutes infringement of the Baya Bar franchisor's Intellectual Property?

According to the 2024 Baya Bar Franchise Disclosure Document, any unauthorized use of the brand's intellectual property by a franchisee is considered an infringement of the franchisor's rights. This includes the unauthorized use of trademarks, service marks, trade names, trade dress, logos, copyrights, and proprietary materials. The franchisee acknowledges that Baya Bar or its affiliates own these rights.

Specifically, franchisees must only advertise under the marks "Baya Bar" and design unless otherwise authorized. They cannot use the marks as part of their corporate or legal name, and all fictitious names must include "a franchisee of Baya Bar Franchise Systems, LLC." Franchisees must identify themselves as independent owners in conjunction with any use of the intellectual property on items like invoices and contracts. Any item containing the marks must be approved in writing by Baya Bar before distribution or sale.

Franchisees are prohibited from taking any action that could harm the validity of Baya Bar's intellectual property rights. They also cannot contest the validity of Baya Bar's interest in the intellectual property or assist others in doing so. Upon termination or expiration of the franchise agreement, the franchisee must immediately cease using the marks and any materials associated with the brand.

Failure to comply with these intellectual property terms constitutes a material breach of the franchise agreement, potentially leading to termination and legal action. Franchisees are also required to notify Baya Bar immediately of any apparent infringement or challenge to the use of any intellectual property.