Is Better Blend aware of any food-service businesses using similar names?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
Superior Prior Rights and Infringing Uses
We are aware of a prior trademark registered with U.S. States Patent and Trademark Office which may be considered similar in appearance, sound, and commercial impression: "BETTR" which is in the category of "Fruit beverages; fruit-based beverages; fruit-flavored beverages; vegetable juices; vegetable-based juices; non-alcoholic beverages containing fruit juices; nonalcoholic beverages, namely, carbonated beverages; non-alcoholic malt beverages; proteinenriched sports beverages; smoothies; soy-based beverages not being milk substitutes; water beverages."
We are also aware of the following food-service businesses: (1) "Blend" or "Blend. Nutrition" in Weymouth, Massachusetts, (2) "Blend Nutrition" in Carson City, Nevada, (3) "Blend Nutrition & Energy" in Round Rock, Texas, and (4) "Blend Smoothie and Salad Bar" with six locations in New York state. These brands may have superior rights in their local trade areas. There may be other uses of marks similar to our trademarks that may affect your use of our trademarks. We cannot represent that we have exclusive or superior rights to our mark in all geographical areas.
Item 14 PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION
Patents
We do not own rights in, or licenses to, patents that are material to the franchise. We do not have any pending patent applications.
Copyrights
All of our original works of authorship fixed in a tangible medium of expression are automatically protected under the U.S. Copyright Act, whether or not we have obtained registrations. This includes our Brand Standards Manual as well as all other sales, training, management and other materials that we have created or will create. You may use these copyrighted materials during the term of the franchise, in a manner consistent with our ownership rights, solely for your franchised business.
We do not have any registered copyrights. There are no pending copyright applications for our copyrighted materials. There are no currently effective determinations of the U.S. Copyright Office (Library of Congress) or any court regarding any copyright.
There are no agreements currently in effect that limit our right to use or license the use of our copyrighted materials.
We have no obligation to protect any of our copyrights or to defend you against claims arising from your use of copyrighted items. The franchise agreement does not require us to take affirmative action when notified of copyright infringement. We control any copyright litigation. We are not required to participate in the defense of a franchisee or indemnify a franchisee for expenses or damages in a proceeding involving a copyright licensed to the franchisee. We may
require you to modify or discontinue using the subject matter covered by any of our copyrights, at your expense.
Source: Item 13 — TRADEMARKS (FDD pages 29–31)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, Better Blend is aware of other food-service businesses that have similar names. The FDD identifies a prior trademark, "BETTR," registered with the U.S. States Patent and Trademark Office, which Better Blend acknowledges may be considered similar in appearance, sound, and commercial impression. This trademark covers a range of beverages, including fruit beverages, vegetable juices, smoothies, and sports beverages.
Better Blend is also aware of several food-service businesses operating under the names "Blend" or "Blend. Nutrition" in Weymouth, Massachusetts; "Blend Nutrition" in Carson City, Nevada; "Blend Nutrition & Energy" in Round Rock, Texas; and "Blend Smoothie and Salad Bar" with six locations in New York state. The FDD notes that these businesses may have superior rights in their local trade areas. Better Blend acknowledges that there may be other similar trademarks that could affect a franchisee's use of Better Blend's trademarks and states that it cannot guarantee exclusive or superior rights to its mark in all geographical areas.
Furthermore, the FDD states that a suspension notice was sent to Better Blend Nutrition, LLC, on August 29, 2022, regarding a likelihood of confusion with an existing registered mark, specifically U.S. Registration No. 6443280 for "BLEND NUTRITION". Better Blend responded to this inquiry in May 2023 after signing a Coexistence Agreement with the owner of the "BLEND NUTRITION" mark. Better Blend Nutrition, LLC also entered into a Settlement and Trademark Coexistence Agreement dated November 13, 2020, with Better Blends, LLC, which restricts Better Blend's use of the words "BETTER" and "BLEND" to specific contexts. Additionally, Better Blend Nutrition, LLC entered into a Coexistence Agreement dated April 18, 2023, with J&S Vision Marketing, Inc. regarding the use of the mark "BLEND NUTRITION".