Is Better Blend allowed to use the words 'BETTER' and 'BLEND' in all contexts?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
Better Blend Nutrition, LLC entered into a Settlement and Trademark Coexistence Agreement dated November 13, 2020, with Better Blends, LLC, a Minnesota limited liability company (as amended by an Addendum dated November 17, 2021), in which our affiliate agreed to not use the words "BETTER" and "BLEND" except in conjunction with restaurant services and direct sales of goods to consumers and not through third parties (e.g. a grocery store), and to not use its marks or promote its goods and services in a manner likely to cause confusion.
Source: Item 13 — TRADEMARKS (FDD pages 29–31)
What This Means (2024 FDD)
According to the 2024 Better Blend Franchise Disclosure Document, Better Blend Nutrition, LLC entered into a Settlement and Trademark Coexistence Agreement dated November 13, 2020, with Better Blends, LLC. As amended on November 17, 2021, this agreement restricts Better Blend's usage of the words "BETTER" and "BLEND".
Specifically, Better Blend is permitted to use these words only in conjunction with restaurant services and direct sales of goods to consumers. However, they cannot use these words through third parties, such as grocery stores. Additionally, Better Blend must ensure that its marks and the promotion of its goods and services do not cause consumer confusion.
This agreement means that a Better Blend franchisee must be aware of these limitations when marketing their franchise. They need to ensure that their advertising and sales strategies comply with the terms of the Settlement and Trademark Coexistence Agreement to avoid potential legal issues. It also highlights the importance of understanding trademark rights and the potential for conflicts with other businesses using similar names or marks in the food and beverage industry.