What is the 'Territory' in which BNC is the exclusive licensee of Benihana's proprietary rights?

According to Benihana's 2024 Franchise Disclosure Document, BNC is the exclusive licensee in the United States of America, including its territories and possessions, of all proprietary and other property rights and interests in certain trade names, service marks, and/or trademarks, including BENIHANA®, BENIHANA OF TOKYO®, and the "Flower" symbol. This means that BNC has the sole right to use and license these marks within the specified territory.

For a prospective Benihana franchisee, this is important because it confirms that BNC has the legal authority to grant franchises within the United States and its territories. It also means that Benihana franchisees operate under trademarks and service marks that are legally protected within that territory.

However, the franchise agreement grants a non-exclusive license to operate a single quick-service retail food location at a specific location. Benihana retains the right to operate or license other Benihana Restaurants outside the Restaurant Area, even if they compete with the franchisee's location. Benihana also retains the right to sell products or services under the Marks through alternative channels of distribution, such as grocery stores or internet sales, regardless of their proximity to the Restaurant.