What restrictions did Better Blend Nutrition, LLC agree to in the 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. As part of this agreement, Better Blend Nutrition, LLC agreed to specific restrictions regarding the use of the words "BETTER" and "BLEND".
Specifically, Better Blend Nutrition, LLC agreed to use the words "BETTER" and "BLEND" only in connection with restaurant services and direct sales of goods to consumers. This means Better Blend cannot use these words for sales through third parties, such as grocery stores. This restriction limits Better Blend's potential distribution channels and requires them to focus on direct-to-consumer sales models.
Additionally, Better Blend Nutrition, LLC agreed not to use its marks or promote its goods and services in a way that is likely to cause confusion among consumers. This is a standard provision in trademark coexistence agreements, intended to prevent consumer confusion and protect the brand identities of both parties. This restriction requires Better Blend to carefully consider its marketing and branding strategies to ensure they do not infringe upon the established brand of Better Blends, LLC.