What agreement governs the RA® SUSHI Marks for a Benihana franchisee?
Benihana Franchise · 2024 FDDAnswer from 2024 FDD Document
use at the Restaurant. Franchisee shall maintain at all times a sufficient supply of approved products to meet customer demand at the Restaurant.
- 3.11.1 The parties expressly acknowledge and agree that, in addition to the BENIHANA products to be served at the Restaurant, Franchisee will offer for sale products to be agreed upon by the parties under the RA® SUSHI name and trademarks (and listed on SCHEDULE 1-A to this Agreement). This provision will require Franchisee to execute a license agreement ("RA® Sushi License Agreement") with RA Sushi Holding Corp., or its successor or assign, in a form to be agreed to by the parties.
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2024 FDD)
According to Benihana's 2024 Franchise Disclosure Document, the RA® SUSHI Marks are governed by a separate license agreement between the franchisee and RA Sushi Holding Corp. As stated in Section 3.11.1, in addition to the standard Benihana products, franchisees will offer products under the RA® SUSHI name and trademarks, which will be listed on SCHEDULE 1-A of the agreement.
This provision requires the franchisee to execute a license agreement, referred to as the "RA® Sushi License Agreement," with RA Sushi Holding Corp., or its successor or assign. The specific form of this agreement is to be agreed upon by all parties involved. Benihana commits to using its best efforts to ensure that RA Sushi Holding Corp. also executes the RA® Sushi License Agreement with the franchisee.
For a prospective Benihana franchisee, this means that if they plan to offer RA® SUSHI products, they must enter into a separate agreement with RA Sushi Holding Corp. This agreement will outline the terms and conditions for using the RA® SUSHI trademarks and selling related products within their Benihana franchise. It's important for potential franchisees to understand the terms of this separate license agreement, as it will govern a portion of their product offerings and brand usage.