What actions are considered prohibited solicitation under the Beef O Bradys franchise agreement?
Beef_O_Bradys Franchise · 2025 FDDAnswer from 2025 FDD Document
17.2 Marks and De-Identification. Upon the termination or expiration of this Agreement:
- (b) Cease Identification as Licensee or Franchisee/Use of Marks. You may not directly or indirectly at any time or in any manner (except with respect to other Family Sports Pubs you own and operate) identify yourself or any business as a current or former Family Sports Pub, or as one of our licensees or franchisees, use any Mark, any colorable imitation of a Mark or other indicia of a Family Sports Pub in any manner or for any purpose or utilize for any purpose any trade name, trade or service mark or other commercial symbol that indicates or suggests a connection or association with us. Within ten (10) days of termination or expiration you are to deliver to us, at your own expense, all signs, sign-faces, signcabinets, marketing materials, forms and other materials containing any Mark or otherwise identifying or
relating to a Beef 'O' Brady's® Family Sports Pub. In our sole judgment, we may waive this requirement in writing provided that you provide a sworn Certificate of Destruction/De-identification detailing your compliance with these terms;
- (c) Cancel Fictitious Business Names.
You agree to take such action as may be required to cancel all fictitious or assumed name or equivalent registrations or licenses (including without limitation, any alcohol, city/state and health department licenses) relating to your use of any Mark and to provide us with a copy of business/fictitious name change documentation from the governing municipality within 15 days of the effective date of the termination/expiration of this Agreement;
Source: Item 23 — RECEIPTS. (FDD pages 66–330)
What This Means (2025 FDD)
According to the 2025 Beef O Bradys FDD, after the termination or expiration of the Franchise Agreement, a franchisee is restricted from identifying themselves or their business as a current or former Beef O Bradys Family Sports Pub, or as one of the brand's licensees or franchisees.
Specifically, the franchisee cannot use any Beef O Bradys Mark, any imitation of a Mark, or any other symbols that suggest a connection with Beef O Bradys, except when referring to other Family Sports Pubs they currently own and operate. This includes trade names, trademarks, service marks, or other commercial symbols that might imply an association with the franchise.
Within ten days of the termination or expiration of the agreement, the franchisee must deliver all signs, marketing materials, and other items containing any Mark to Beef O Bradys at their own expense. Beef O Bradys may waive this requirement in writing if the franchisee provides a sworn Certificate of Destruction/De-identification confirming their compliance. Additionally, the franchisee must cancel all fictitious or assumed name registrations or licenses related to the use of any Mark and provide Beef O Bradys with documentation of the business/fictitious name change from the governing municipality within 15 days of the termination or expiration date.