Who granted BNC an exclusive, perpetual license to use the Benihana Marks?

According to Benihana's 2024 Franchise Disclosure Document, Noodle Time, Inc., the registered owner of the Benihana Marks, granted Benihana National Corp. (BNC) an exclusive, perpetual license to use these marks. This license allows BNC to sublicense the marks to its affiliates or third parties within the United States and its territories. The Benihana Marks include trade names, service marks, and trademarks such as BENIHANA®, BENIHANA OF TOKYO®, and the "Flower" symbol.

This arrangement is significant for prospective Benihana franchisees because it establishes BNC as the primary entity with the authority to grant franchise licenses for Benihana restaurants. Franchisees will be dealing directly with BNC for the right to use the Benihana Marks and operate a restaurant under the Benihana system. The perpetual nature of the license granted to BNC suggests a long-term commitment to the brand and its development.

It is important to note that while BNC holds the exclusive license, individual franchisees are granted a non-exclusive franchise license to operate a single Benihana Restaurant at a specific location. This means that while BNC controls the overall use of the marks, franchisees have a limited right to use them only for their specific restaurant. Franchisees should also be aware that BNC retains the right to modify the marks and substitute different marks for use in identifying the Benihana System and the Benihana Restaurant.