Can Benjamin Franklin Plumbing use its Marks in other lines of business anywhere in the world?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchise Agreement that we (or our affiliate) intend to operate a business under the Marks in the Territory;
- use the Marks in other lines of business, anywhere in the world;
- operate and grant to others the right to operate, similar businesses or any other businesses offering similar or dissimilar products and services through similar or dissimilar channels of distribution, at any locations inside or outside the Territory, under trademarks or service marks other than the Marks;
- develop, manufacture, have manufactured, advertise, market, sell and distribute, at retail or wholesale, and license others to manufacture, sell or distribute, goods or services that are identical or similar to and/or competitive with those provided at your Franchised Business, whether under the Marks or any other name or mark, through dissimilar channels of distribution, including but not limited to through the internet, mobile applications, telemarketing, retail stores, and wholesale clubs, or other distribution outlets (other than Franchised Businesses) both inside and outside the Territory;
- establish and operate, and to grant others the right to operate, businesses offering dissimilar products and services both inside and outside the Territory under the Marks; and
- acquire, be acquired by, or merge with other brands or outlets, even if the concepts or outlets are similar to the business operated under the System, and even if they have locations in the Territory. We will also have the right, in our sole discretion, to convert one or more outlets of the acquired, acquiring or merged brand to a Franchised Business within the Territory.
We have no obligation to compensate you in connection with any of these activities.
Source: Item 12 — TERRITORY (FDD pages 57–60)
What This Means (2025 FDD)
According to the 2025 Benjamin Franklin Plumbing Franchise Disclosure Document, Benjamin Franklin Plumbing retains the right to use its Marks in other lines of business anywhere in the world. This means that even though a franchisee is granted a territory, Benjamin Franklin Plumbing can still operate or franchise other businesses, even those with similar products or services, under the same Marks in any location globally.
Benjamin Franklin Plumbing also retains the right to operate similar businesses or any other businesses offering similar or dissimilar products and services through similar or dissimilar channels of distribution, at any locations inside or outside the Territory, under trademarks or service marks other than the Marks. They can also develop, manufacture, advertise, market, sell, and distribute goods or services identical or similar to those provided by the franchisee's business, whether under the Marks or any other name, through various channels, including the internet and retail stores, both inside and outside the franchisee's territory.
Furthermore, Benjamin Franklin Plumbing can establish and operate businesses offering dissimilar products and services both inside and outside the Territory under the Marks. They also have the right to acquire, be acquired by, or merge with other brands or outlets, even if those concepts are similar to the Benjamin Franklin Plumbing business, and even if they have locations within the franchisee's territory. The FDD states that Benjamin Franklin Plumbing has no obligation to compensate the franchisee in connection with any of these activities.
This clause highlights that the rights granted to the franchisee are limited, and Benjamin Franklin Plumbing retains significant control and freedom to operate and expand its business as it sees fit, which could potentially impact the franchisee's business.