With whom did Better Blend Nutrition sign a Coexistence Agreement regarding the trademark?
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.
Better Blend Nutrition, LLC entered into a Coexistence Agreement dated April 18, 2023, with J&S Vision Marketing, Inc. ("J&S"). J&S owns U.S. Trademark Registration No. 6,443,280 for use of the mark "BLEND NUTRITION". The parties agreed that there was no likelihood of confusion between their respective marks. Each party agreed to not use its marks or promote its goods and services in a manner likely to cause confusion, and to cooperate in the event of actual consumer 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 two Coexistence Agreements. The first, dated November 13, 2020, was with Better Blends, LLC, a Minnesota limited liability company. This agreement was later amended on November 17, 2021. In this agreement, Better Blend Nutrition agreed to restrict its use of the words "BETTER" and "BLEND" to restaurant services and direct sales to consumers, avoiding third-party distribution channels like grocery stores, and to prevent any marketing that could cause consumer confusion.
The second Coexistence Agreement, dated April 18, 2023, was with J&S Vision Marketing, Inc. ("J&S"). This agreement acknowledges J&S's ownership of U.S. Trademark Registration No. 6,443,280 for the mark "BLEND NUTRITION". Both parties agreed that there was no likelihood of confusion between their respective marks and committed to avoiding any actions that might cause confusion, as well as cooperating if confusion were to arise.
These agreements are important for prospective Better Blend franchisees because they outline the boundaries within which Better Blend can operate its trademark. Franchisees must be aware of these restrictions to avoid potential legal issues related to trademark infringement or unfair competition. The agreements also highlight the importance of clear branding and marketing strategies to minimize consumer confusion and protect the value of the Better Blend trademark.
It is worth noting that Better Blend does not have a federal registration for its principal trademark, which could limit its legal protections. As a result, franchisees may face increased expenses if they need to change to an alternative trademark due to challenges to Better Blend's trademark rights. Therefore, understanding the details of these Coexistence Agreements and the overall trademark landscape is crucial for anyone considering investing in a Better Blend franchise.