What is the obligation of the parties in the event of actual consumer confusion regarding the Better Blend trademarks?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
es 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.
Protection of Rights
We protect your right to use the principal trademarks listed in this Item, and we protect you against claims of infringement or unfair competition arising out of your use of the trademarks, to the extent described in this section.
The franchise agreement obligates you to notify us of the use of, or claims of rights to, a trademark identical to or confusingly similar to a trademark licensed to you. The franchise agreement does not require us to take affirmative action when notified of these uses or claims.
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 has a Coexistence Agreement with J&S Vision Marketing, Inc. regarding the trademark "BLEND NUTRITION". Both parties acknowledge that there should be no likelihood of confusion between their respective marks. However, if actual consumer confusion does occur, both Better Blend and J&S Vision Marketing, Inc. have agreed to cooperate with each other to resolve the confusion.
Better Blend also has a Settlement and Trademark Coexistence Agreement with Better Blends, LLC. In this agreement, Better Blend agreed not to use the words "BETTER" and "BLEND" except in conjunction with restaurant services and direct sales of goods to consumers and not through third parties, and to not use its marks or promote its goods and services in a manner likely to cause confusion.
For a Better Blend franchisee, this means that if customers are confused between Better Blend's offerings and those of J&S Vision Marketing, Inc. or Better Blends, LLC, Better Blend is committed to working with these companies to address the issue. This cooperation aims to protect the brand's reputation and minimize any negative impact on the franchisee's business. However, the FDD does not specify the exact steps Better Blend will take to resolve consumer confusion, so it is important for prospective franchisees to understand the potential implications and ask Better Blend for more details on their specific procedures for handling such situations.