Who has the sole right to establish an Internet 'home page' using any of the Benihana Marks?
Benihana Franchise · 2024 FDDAnswer from 2024 FDD Document
BNC may establish from time to time. If consent is granted, BNC reserves the right to revoke such consent effective upon written notice to Franchisee. BNC has 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 Franchisee and all other BENIHANA franchisees. BNC has the right, at any time, to establish procedures, limitations, and regulations regarding the operation of any websites. If established, Franchisee shall immediately comply with all such procedures, limitations, and regulations.
- 6.6 Franchisee shall not in any way do anything, directly or indirectly, to infringe upon, harm or contest the rights of BNC in the Marks or in any other symbols, logos, trademarks, or names that incorporate the Marks. Franchisee shall not take any action to apply for the registration of the Marks. Franchisee shall execute any documents BNC deems necessary to obtain protection for the Marks or to maintain their continued validity and enforceability.
- 6.7 If Franchisee learns of any claim or infringement of any of the Marks or any claim of unfair competition or other challenge to Franchisee's right to use any Marks, Franchisee shall immediately notify BNC.
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2024 FDD)
According to Benihana's 2024 Franchise Disclosure Document, Benihana, not the franchisee, has the sole right to establish an Internet "home page" using any of the Benihana Marks. Benihana also regulates the establishment and use of linked home pages by franchisees.
Benihana also has the right to establish procedures, limitations, and regulations regarding the operation of any websites. If established, the franchisee must immediately comply with all such procedures, limitations, and regulations.
Furthermore, franchisees cannot develop, create, generate, own, license, lease, or use any computer or electronic medium, including 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, without Benihana's prior written consent. If consent is granted, Benihana can revoke it with written notice.