Can a Benihana franchisee use the Marks in any manner they choose?
Benihana Franchise · 2024 FDDAnswer from 2024 FDD Document
6.1.1 The RA® SUSHI Marks will be subject to a separate license agreement between Franchisee and RA Sushi Holding Corp. as provided in Section 3.11.1.
- 6.2 Franchisee will use only the Marks BNC designates and only in the manner and to the extent specifically permitted in this Agreement or otherwise by BNC in writing. Franchisee may use and display such Marks only in connection with the operation of the Restaurant and in compliance with the
BENIHANA Standards. Any unauthorized use of the Marks shall constitute an infringement of BNC's rights.
- 6.3 Any and all advertising, publicity, signs, decorations, furnishings, equipment, or other matter employing in any way whatsoever any of the Marks shall be submitted to BNC for its approval prior to publication or use. Franchisee shall also ensure that any use or depiction of the Marks in any advertising or other material prepared by the Landlord, if any, is approved in advance by BNC in order to confirm the proper use of the Marks.
- 6.4 Franchisee may not use the Marks or anything confusingly similar as part of Franchisee's corporate or other legal name, or as part of any e-mail address, domain name, or other identification of Franchisee or Franchisee's business, in any medium. Franchisee must include a written statement that the Restaurant and Franchisee's business is "independently owned and operated" in all approved uses of the Marks on business forms such as letterhead, invoices, order forms, receipts and contracts, and as BNC may otherwise designate.
- 6.5 Franchisee may not use the Marks to advertise or sell products or services through the mail or by any electronic or other medium, including the Internet, without BNC's prior written approval.
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2024 FDD)
According to Benihana's 2024 Franchise Disclosure Document, a franchisee's use of the Marks is strictly controlled and limited. Benihana franchisees can only use the Marks that Benihana designates and only in the manner and to the extent specifically permitted in the Franchise Agreement or otherwise approved by Benihana in writing. Any unauthorized use of the Marks constitutes an infringement of Benihana's rights.
Benihana requires that any advertising, publicity, signs, decorations, furnishings, equipment, or other materials using the Marks be submitted to Benihana for approval before publication or use. Franchisees must also ensure that any use or depiction of the Marks in advertising or other material prepared by the landlord is approved in advance by Benihana. Furthermore, a franchisee cannot use the Marks or anything confusingly similar as part of their corporate or legal name, email address, domain name, or other identification of their business in any medium.
Upon termination or expiration of the Franchise Agreement, the franchisee must immediately and permanently cease all use of the Marks, including the service marks "BENIHANA", "Benihana of Tokyo" and the "flower" symbol, or any confusingly similar trademark, service mark, trade name, or insignia. They must also stop identifying themselves as a Benihana franchisee. These restrictions ensure that Benihana maintains control over its brand and protects its trademarks and goodwill.