Is a Benihana franchisee permitted to use any computer or electronic medium that displays the Benihana Marks without prior written consent?
Benihana Franchise · 2024 FDDAnswer from 2024 FDD Document
You are not permitted to develop, create, generate, own, license, lease or use, in any manner, any computer medium or electronic medium (including, without limitation, any Internet page, domain names, website, web-page, bulletin board, newsgroup, or other Internet-related medium) which in any way uses or displays the Marks, or any of them, or any words, symbols, or terms confusingly similar to the Marks, without our prior written consent, and then, only in the manner and in accordance with the procedures, policies, standards, and specifications as we may establish. If consent is granted, we reserve the right to revoke the consent effective upon written notice to you. We have the sole right to establish an Internet "home page" using any of the Marks, and to regulate the establishment and use of linked home pages by you and all other franchisees. We have the right, at any time, to establish procedures, limitations, and regulations regarding the operation of any websites. If established, you must immediately comply with all such procedures, limitations, and regulations.
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS AND TRAINING (FDD pages 36–47)
What This Means (2024 FDD)
According to Benihana's 2024 Franchise Disclosure Document, franchisees are strictly prohibited from using any computer or electronic medium to display the Benihana Marks without obtaining prior written consent from Benihana. This includes, but is not limited to, Internet pages, domain names, websites, web pages, bulletin boards, newsgroups, or any other Internet-related medium.
Benihana maintains tight control over its brand and online presence. Franchisees must adhere to Benihana's established procedures, policies, standards, and specifications if consent is granted for any online use of the Marks. Benihana also reserves the right to revoke any previously granted consent with written notice.
Furthermore, Benihana retains the sole right to establish an Internet "home page" using any of the Marks and regulates the establishment and use of linked home pages by franchisees. Benihana has the authority to establish procedures, limitations, and regulations regarding the operation of any websites and franchisees must immediately comply with these rules.
This policy ensures brand consistency and quality control across all digital platforms associated with Benihana. A prospective franchisee should be aware of these restrictions and plan their online marketing strategies accordingly, always seeking prior approval from Benihana for any use of the Marks in the digital space.