With whom did Better Blend Nutrition, LLC enter into a Settlement and Trademark Coexistence Agreement?
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 Better Blend's 2024 Franchise Disclosure Document, Better Blend Nutrition, LLC entered into a Settlement and Trademark Coexistence Agreement with Better Blends, LLC, a Minnesota limited liability company, on November 13, 2020. This agreement was later amended by an addendum on November 17, 2021.
Under the terms of the agreement, Better Blend Nutrition, LLC agreed to restrict its use of the words "BETTER" and "BLEND". Specifically, they can only use these words in connection with restaurant services and direct sales of goods to consumers. They are prohibited from using these words through third parties, such as grocery stores.
Furthermore, Better Blend Nutrition, LLC is obligated to ensure that its marks and the promotion of its goods and services do not create a likelihood of confusion in the marketplace. This type of agreement is common in franchising to avoid trademark disputes and ensure clarity for consumers. Prospective franchisees should be aware of these restrictions as they relate to marketing and sales strategies.