What constitutes a breach of the Beef O Bradys franchise agreement regarding the use of Marks?
Beef_O_Bradys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 8.5 Signage. Signage must comply with all state and local laws and ordinances. You must limit your signage to "Beef 'O'Brady's" and "Family Sports Pub" or any other signage that we designate. You may not use of any other language (i.e. "Family Sports Bar," "Family Sports Grill," "Family Sports Restaurant," etc.) without our prior written approval which we can withhold for any reason or no reason. If you employ any signage that does not comply with this Agreement, you will be in material breach of this Agreement. You must not use a sign that deviates from the standard logo unless and until you have submitted a request for such deviation to us in writing with drawings and we have approved such deviation in writing.
9. TERMINATION
Source: Item 23 — RECEIPTS. (FDD pages 66–330)
What This Means (2025 FDD)
According to Beef O Bradys's 2025 Franchise Disclosure Document, a franchisee can breach the franchise agreement through unauthorized use of the brand's Marks. The Marks include trade and service marks like “Beef 'O' Brady’s®,” “O’ Brady’s®,” “Beef’s®” and associated logos, designs, artwork, and trade dress. Franchisees must use the Marks solely for identifying their Family Sports Pub, and they must also identify themselves as the independent owner in a manner prescribed by Beef O Bradys.
Specifically, a franchisee will be in material breach of the agreement if they employ signage that does not comply with the agreement. The signage must be limited to "Beef 'O' Brady's" and "Family Sports Pub" or any other signage that Beef O Bradys designates. Using any other language, such as "Family Sports Bar," without prior written approval is a breach. Deviating from the standard logo without written approval after submitting a request with drawings also constitutes a breach.
Furthermore, franchisees cannot use any Mark as part of their corporate or legal business name or with any prefix, suffix, modifying words, terms, designs, or symbols, except for logos licensed to them. They also cannot use any Mark in connection with unauthorized services or products or in any manner not expressly authorized in writing. The Marks must be displayed prominently at the Family Sports Pub, on designated supplies, materials, and in connection with forms, advertising, and marketing materials. Unauthorized use of the Marks infringes upon Beef O Bradys's rights and constitutes a breach of the agreement.