What did the parties agree to regarding the likelihood of confusion between their respective marks in the Coexistence Agreement for Better Blend?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
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 a Coexistence Agreement with J&S Vision Marketing, Inc. on April 18, 2023. J&S Vision Marketing, Inc. owns the U.S. Trademark Registration No. 6,443,280 for the mark "BLEND NUTRITION".
In this agreement, both parties specifically agreed that there was no likelihood of confusion between their respective marks. Additionally, both parties agreed not to use their marks or promote their goods and services in a way that would likely cause confusion among consumers. They also agreed to cooperate with each other should any actual consumer confusion arise.
This type of agreement is common in franchising to avoid trademark disputes. It allows both businesses to operate without infringing on each other's brand identity, provided they adhere to the terms outlined in the agreement. For a prospective Better Blend franchisee, this means that Better Blend has taken steps to protect its brand and avoid potential legal issues related to trademark infringement with J&S Vision Marketing, Inc.