What constitutes an infringement of the Trademark Owner's rights regarding Beggars Pizza Proprietary Marks?

According to Beggars Pizza's 2025 Franchise Disclosure Document, an infringement of the Trademark Owner's rights occurs when a franchisee makes any unauthorized use of the Proprietary Marks. Beggars Pizza designates specific Proprietary Marks for franchisees to use and dictates the manner in which they are to be used. Franchisees are permitted to use the Proprietary Marks only for the operation of their restaurant at the approved location or in advertising for the restaurant conducted at or from the approved location. Unless authorized or required by Beggars Pizza, franchisees must operate and advertise the restaurant solely under the name "Beggars Pizza®" without any prefixes or suffixes and cannot use the Proprietary Marks as part of their corporate or legal name.

During the term of the Franchise Agreement, franchisees must identify themselves as the owner of the restaurant in conjunction with any use of the Proprietary Marks, including on invoices, order forms, receipts, business stationery, and contracts with third parties. Franchisees must also display notices to that effect in a conspicuous manner as designated by Beggars Pizza. The right to use the Proprietary Marks is strictly limited to the uses authorized under the Franchise Agreement.

Any deviation from these authorized uses constitutes an infringement of the Trademark Owner's rights. This infringement entitles Beggars Pizza to exercise all of its rights under the Franchise Agreement, in addition to any rights available at law or in equity. This means that Beggars Pizza can take legal action against a franchisee who misuses the trademarks, potentially leading to financial penalties or even termination of the franchise agreement. Franchisees must adhere strictly to the guidelines provided by Beggars Pizza regarding the use of Proprietary Marks to avoid any legal repercussions.